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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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and adjudged in Parliament that the * Be sure then to give the impeached Members of both houses now very good satisfaction against their malicious accusers to ●re●…nt the danger ●…mated King can be neither the Relator informer nor witnesse If it rest as it is without further satisfaction no future Parliament can be safe But that the Members may be taken and destroyed at pleasure yea the very principles of Government and Iustice will be in danger to be dissolved The Occasion of this Declaration and Remonstrance of both Houses was the treasonable Plot of Henry Jermin Peircy Goaring and others related in and annexed to it which they thus expresse * That by their instruments and agents they attempted to disaffect and discontent his Majesties Army in the North to engage for the maintenance of their wicked and trayterous designes Exact Colection p. 18. 210. 211. 219. 217. 218. 221. 222 228. the keeping up Bishops in votes and functions and by force To COMPEL THE PARLIAMENT to order limit and dispose their proceedings in such manner as might best concur with the intentions of their dangerous and potent faction To which end they concluded that the Army should keep together and not disband till all their arreares were paid That they should petition the Parliament for money there being so great arrears due unto them so much delayes made for the procuring of them That they should likewise send up a Declaration to the Parliament of these particulars That nothing should be done in Parliament contrary to any former act of Parliament That Bishops should be maintained in their Votes and functions And the Kings Revenue be established That they should bring up the Army to London against the Parliament and City for that the Army heard of great tumults about London therefore offered themselves to serve the King and Parliament in a Petition drawen to that purpose with the last drop of their blouds and by this pretence of guarding the Parliament and City upon this noyse of Tumults in London to compell the Houses to Order things according to their desires and to secure the Tower of London and Portsmouth and impeach the leading Members that should oppose them which last was put in execution against some Members as is before related Whether Cromwell and his Confederates have not punctually pursued their trayterous designes and far out-stripped them in all these particulars by engaging this Army of late upon the same grounds pretences to do the very same and much more in reality which that Army then was only designed to do intentionaly let the impartial reader judge ●● who are the greatest Traytor and Conspirators of the two against the Parl. Kingdome and King too whom they have forcibly plundered out of both houses possession from whom they still detaine him and recruit and keepe the Army together neare the City to give lawes to Parliament City King and Kingdome to impeach imprison suspend and expell the Members of both houses who dare oppose them at their pleasure and inforce them to vote and unvote what their Grand Councell of the Army and Agitators shall prescribe them let the Houses City and Kingdome determine Certainly their late intimacy and correspondency with Ashburuham and Capt. Legg who had a great hand in this Conspiracy and Treason of bringing up the Northren Army to London upon these pretences against the Parliament and City who adheered to them makes intelligent men shrewdly suspect they had a finger in bringing up the Armie of late to London upon the like pretences of tumults there who have been more unreasonable and treasonable in their Remonstrances Petitions Demands to Actions against the houses and Members then the Northren Army ex Cauda Draconem What crime it is for any to accuse Members of Parliament of Treason for acting or voting any thing in Parliament or by the Parliaments authority or command will evidently appeare by the resolutions of two ancient Parliaments In the 10. yeare of King Richard the 2. the Parliament by a * ●… c. R. 2. c. 1. ● R. 2. c. 1. 2. 3. speciall Act and Commission put the government of the Kingdom and Kings Revenues into the hands of certaine Lords by reason of the Kings misgovernment Whereupon the King soone after that Parliament ended called his Judges and Counsell at Law to Nottingham Castle to demand their opinions concerning this act and Commission and the procurers thereof in Parliament and concerning some proceedings in Parliament to which they returned their Answer thus expressed in the Statute of 21. R. 2. c. 12. Memorandum that the 25. day of the moneth of August the 11th yeare of the Raigne of King Richard the second at the Castle of Nottingham before our said Soveraigne Lord the King Rob. Tresilyan chieif Justice Rob. Belknap chief Iustice of the common Bench Io. Halt Rog. Fulthrop Wil Burgh Kts. fellows of the said Rob. Belk Io. Locton one of the Kings Serj. at Law being personally required in the presence of the Lords other witnesses under written by our said Soveraign L. the King in the faith Legeance by which they be firmly bounden to the said King that they should truely answer to certain questions under written and before them recited and upon the sameby their discretions to say the law First it was enquired of them Quest 1 whether that the same new Statute and Ordinance and the Commission made in the last * 10. Ri. 2. c. 1. Answ Parliament holden at Westm be hurtful to the Kings Royal prerogative Whereunto all of one minde answered that they bee hurtfull Quest 2 and specially because they were against the Kings will Item it was enquired of them how they ought to be punished which procured the said Statute Ordinance and Commission to be made Whereunto with one assent they answered Answ how they ought to be punished by the capitall paine that is to say of death unlesse the King in this party of his grace will pardon them Item Quest 3 it was enquired how they ought to be punished which excited the said King to consent to the making of the said statute Ordinance and Commission Where unto of one minde they said Answ 3 that unlesse the King would give them his pardon they ought to be punished by the capitall paine Item Quest 4 it was enquired of them what paine they deserved that compelled the King to consent to the making of the said Statute Ordinance and Commission Whereunto by one assent they gave answer Answ 4 that as Traytors they ought to be punished Item quest 5 how they ought to be punished that did interrupt the King so that he might not exercise those things that appertaineth to his regallity and prerogative Where unto of one assent it was answered Answ 5 that they ought to be punished as Traitors Item quest 6 it was enquired of them whether that after that the businesse of the Realme and the cause of the
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 Iudgements 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 Rev. 2. 4. 5. Neverthelesse I have somewhat against thee because thou hast left thy firstlove Remember therefore from whence thou art fallen and repent and do the first workes or else I will come unto thee quickly and will remove thy Candlestick out of his place except thou repent London Printed Anno Dom. 1647. * An exact Collection of all Remonstrances c. p. 38. c. A DECLARATION Of the House of Commons touching a late breach of their Priveledges And for the Vindication there of And of divers Members of the said House WHEREAS the Chambers Studies and Trunks of Mr. Denzil Holles Sir Arthur Haslerigge Mr. Iohn Pym Mr. Iohn Hampden and Mr. William Strode Esquiers 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 Killegrew and Sir William Flemen and others which is not only against the Priviledge of Parliament but the common Libertie of every Subject Which said Members afterwards the same day were under the like colour by Serjeant Francis one of his Majesties Serjants at Armes contrary to all former presidents demanded of the Speaker fitting 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 Royall person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistolls who came up to the very Doore of the House and placed themselves there and in other places and passages neer unto the said House to the great terror and disturbance of the Members then sitting and according to their duty in a peaceable and orderly Mannor treating of the great affaires of England and Ireland And his Majesty having placed himselfe in the Speakers Chaire demanded of them the persons of the said Members to be delivered to him which is a high breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and freedome thereof And whereas afterwards his Majesty did issue forth severall Warrants to divers Officers under his owne hand for the apprehension of the said Members Which by Law he cannot doe there being not all this time any legall charge or accusation or due process of Law issued against them nor any pretence of Charg made known to that house all which are against the fundamentall Liberties of the Subject and the Rights of Parliament whereupon we are necessitated according to our dutie to declare And we do hereby declare that if any person shall arrest Master Holles Sir Arthur Haslerigg Mr Pym Mr. Hampden and Mr. Stroud or any of them or any other Member of Parliament by pretence or colour of any warrant issuing out from the King only he is guiltie of the breach of the liberties of the Subject and of the priviledg of Parliament and a publique enemie to the Common wealth And that the Arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legall 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 the Priviledge of Parl. And the person which shall arrest any of these persons or any other Member of the Parliament is declared a * What then are those Officers and soldiers in the Army who have arrested and stayed sundry Members as Mr. Nicholls Col. Birch Sr. Samuell Luke c. impeached imprisoned driven away others menaced all o●… rest that remained in the House in the Speakers absence in the Army publique enemie of the Common-Wealth Notwithstanding all which we think fit farther to declare that we are so farre from any endeavours to protect any of our Members that shall be in due manner prosecuted according to the Lawes of the Kingdome and the rights and priviledges of Parliament for Treason or any other mis-demeanors that none shall be more ready and willing then wee our selves to bring them to a speedy and due tryall being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects and Parliament of England And whereas upon severall examinations taken the 7th day of this instant Ianuary before the Committee appointed by the house of Commons to sit in London it did fully appeare that many Soldiers Papists and others to the number of about five hundred came with his Majesty on Tuesday last to the said house of Commons armed with Swords Pistols and other Weapons and divers of them pressed to the doore of the said house thrust away the doore-keepers and placed themselves between the said door and the ordinary Attendance of his Majesty holding up their swords and some of them holding up their Pistols ready cocked neere the said doore and saying I am a good markes-man I can hit right I warrant you and they not suffering the said doore according to the custome of Parliament to be shut but said they would have the doore open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and whenseveral of the Members of the house of Commons were comming into the House their attendants desiring that Room might be made for them some of the said Souldiers answered A pox of God confound them and others said A pox take the house of Commons let them come and be hanged What a doe is here with the house of Commons And some of the said Souldiers did likewise assault and by force disarme some of the attendants and servants of the Members of the house of Commons waiting in the Roome next the said house and upon the Kings returne out of the said house many of them
by wicked Oathes and otherwise expressed much discontent that some Members of the House for whom they came were not there and others said when comes the word And no word being given at his Majesties coming out they cried a Lane a Lane afterwards some of them being demanded what they thought the said company intended to have done Answered that questionlesse in the posture they were set if the word had been given they should have fallen upon the house of Commons have cut al their throats Vpon all which we are of opinion that it is sufficiently proved that the comming of the said Souldiers Papists and others with his Majestie to the house of Commons on Tuesday last being the fourth of this instant Ianuary in the manner aforesaid was to take away some of the-Members of the said house and if they should have found opposition or denyall then to have falne upon the said * Was not the Armies impeachment of the Members and march to London for the same pvrpose designe alike trayterous house in a hostile manner And we doe hereby declare that the same was a trayterous designe against the King and Parliament And where as the said Mr. Holles Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode upon report of the comming of the said Souldiers Papists and others in the warlick and hostile manner aforesaid did with the approbation of the house * As the ●i other impeached Members did since absent themselves from the service of the house for avoyding the great and many inconveniences which otherwise apparently might have happened Since which time a printed paper in the forme of a Proclamation bearing date the 6th day of this instant Ianuary hath issued out for the apprehending and imprisoning of them therein suggesting that * Did not the Army their Agents print the same of the xi impeached Members who desented themselves to please them through the conscience of their owne guilt they were absent and fled not willing to submit themselves to Iustice We do further declare * So are their Papers against the xi Members too that the said paper is false scandalous and illegall and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they * So ought all the impeached Members and others suspended and exempted against by the Armies meanes may and ought to attend the service of the said house of Commons and the severall Committees on foot And that it is lawfull for all persons whatsoever to lodge harbour or converse with them or any of them and whosoever shall be questioned for the same shall be under the protection and priviledge of the Parliament And we do further declare that the publishing of severall Articles purporting a forme of a Charge of high Treason against the Lord Kimbolton one of the Members of the Lords house and against the said Mr. Holles Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killegrew Sir William Flemen and others in the Innes of Court and else where in the Kings name was a * And was not the Armies printing and publishing their generall particular false scandalous Charge against the xi Members such high breach of the priviledge of Parliament a great scandall to his Majesty and his Government A seditious act manifestly tending to the subversion of the peace of the Kingdome and an injury and dishonour to the said Members there being no legal charge or accusation against them That the Priviledges of Parliament and the Liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unlesse his * And is it not now as just to ●nquire as much of the Generall the Councell of Warre Army touching those who contrived published the Charge impeachment against the xi Members pressed their removeall from the House c before any proofe against them Majesty will be gratiously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the fealing of the Chambers and Studies of the said Members to send a Serjeant at Armes to the house of Commons to demand their said Members to issue our severall Warrants under his Majesties owne hand to apprehend the said Members His Majesties comming thither in his owne Royall person the publishing of the said Articles and printed paper in the forme of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condigne punishment And this house doth further declare that all such persons as have given any Councell or endeavoured to set or maintaine division or dislike between the King and Parliament or have listed their names or otherwise entred into any Combination or agreement to be ayding or assisting to any such Conncell or endeavour or have perswaded any other so to doe or that shall do any of the things above mentioned And shall not forthwith discover the same to either house of Parliament Or the Speaker of either of the said Houses respectively and disclaime it are * In what case then are those Officers Agitators in the Army who contrived and published their engagements Charge Remonstrauces against the accused Members and others of both Houses declared publique Enemies of the State and peace of this Kingdome and shall be enquired of and proceeded against accordingly Die Lunae 17. Ianuarij 1641. It is this day ordered by the Commons assembled in Parliament that this Declaration be forthwith published in print * An exact Collection c. p. 76. To the Kings most Excellent Maiesty The humble Petition of the Lords and Commons now Assembled in PARLIAMENT SHEVVETH THat your Majesty in answer to their late Petition touching the proceedings against the Lord Kimbolton Mr. Holles Sir Arthur Hasterigge Mr. Pym Mr. Hampden and Mr. Strode Members of the Parliament was pleased to signifie That as your Majesty conceived that you had ground enough to accuse them So now your Majesty finds as good cause wholly to desert the prosecution of them Notwithstanding which they remaine still under that heavy charge so imputed to them to the exceeding prejudice not only of * And is not this as true of the now impeached Members and Pe●…s themselves but also of the whole Parliament And Whereas by the expresse Lawes and Statutes of this your Realm that is to say by two Acts of Parliament the one made in the 37. yeer and the other in the 38. yeer of the raign of your most noble progenitour King Edward the 3. If any person whatsoever make suggestion to the King himselfe of any crime committed by another the same person ought to be sent with the suggestion before the Chancelour or Keeper of the great seale Treasurer and the Great Councell there to find suretie to pursue his suggestion which if he cannot
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
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