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A Declaration of the houſe of Commons touching the breach of their Priviledges, and for the vindication thereof, and of divers members of the ſaid houſe, &c.

Wherein is likewiſe contayned,

  • Firſt, A remonſtrance of the preſent State of divers things in, and about, the City of London, Weſtminſter and Parliament-houſe, ſince the King and Queenes departure from White-hall to Hampton Court.
  • 2. The examination of his Majeſties Attourny Generall by the Houſe of Commons, about the Articles againſt the ſixe Parliament men; with his anſwere to every particular.
  • 3. Seaven articles of high Treaſon againſt Coronell Lunsford: Together with an order of both Houſes for the ſpeedy apprehenſion of the Lord Digby, and the aforeſaid Lunsford, for raiſing armes and forces neere Kingſton upon Thames, to the terror of his Majeſties ſubjects.
  • 4. The wonderfull deliverance of foure honourable Peeres of this Land, which ſhould have bin poiſoned at a Supper, by a French Cooke.
  • 5. The votes of both Houſes of Parliament againſt thoſe eleven Biſhops which were accuſed of high Treaſon, &c.
  • 6. The advice ſent from his Majeſties Commiſſioners in Scotland, to both the honourable houſes of Parliament in England, Ianuary the 15. 1641. for compoſing the preſent differences and late diſtractions in this Kingdome, &c.
  • 7. The Sea-mens Proteſtation.
  • Laſtly, how two Boats laden with great Saddles to bee carried downe unto Kingſton, were ſtaid, and thoſe that ſhould have tranſported them, exa­mined by the Parliament. Alſo how that Coronell Lunsford was taken at Sir Iohn Thorowgoods houſe neere Windſor, in the County of Berks,

Publiſhed this 19. of Ianuary. 1641.

London Printed for Fr. Coules, and T. Bankes. 1641.

2

A Declaration of the Houſe of Commons, touching a late Breach of their Priviledges; and for the Vindication thereof, and of divers Mem­bers of the ſaid Houſe.

WHereas the Chambers, Studies, and Trunkes, of Maſter Den­zill Hollis, Sir Arthur Haſlerigg, Maſter Iohn Pym, Maſter John Hampden, and Maſter William Strode Eſquires, Mem­bers of the Houſe of Commons, upon Munday the 3. of this inſtant Ianuary, by colour of His Majeſties Warrant have bin ſealed up by Sir William Killigrew, and Sir William Flemen, and others, which is not onely againſt the Priviledge of Parliament, but the Common Liberty of every Subject: Which ſaid Members afterwards, the ſame day were under the like colour, by Serjeant Francis, one of His Majeſties Serjeants at Armes, 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 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 neere to the ſaid Houſe, to the great terrour and diſturbance of the Members then ſitting; and according to their duty in a peaceable, and orderly manner, 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 unto 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 Perſons of the ſaid Members, which by Law hee cannot doe; there being not all this time, any Legall charge or accuſation or due Pro­ceſſe of Law iſſued againſt them, nor any pretence of charge made knowne 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 duty to declare? And We doe hereby declare that if any Perſon ſhall Ar­reſt3 M. Hollis, Sir Arthur Haſlerigg, M. Pym, M. Hampden, and M. Strode, or any of them, or any other Member of Parliament, by pretence or colour of any Warrant iſſuing out from the King onely, is guilty of the Breach of the Liberties of the Subject, and of the Priviledges of Parliament, and a publibke enemy 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 ſuch Perſon is a Member, is againſt the liberty of the Subject, and a Breach of Priviledge of Parliament; And the Perſon which ſhall Arreſt any of theſe Perſons, or any Member of the Parliament, is decla­red a publike enemy of the Common-wealth. Notwithſtanding all which we thinke fit, further to declare that we are ſo far from any endeavours to protect any of our Members, that ſhall bee in due manner proſecuted according to the Lawes of the Kingdome, and the Rights and Priviledges of Parliament for Treaſon, or any other miſdemeanours, That none ſhall bee more ready and willing then we 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 Rights and Liberties of the Subjects, and Parliament of England.

And whereas upon ſeverall examinations taken the 7. day of this inſtant Ianuary, before the Committee appointed by the Houſe of Commons of ſit in London, it did fully appeare, that many ſouldiers, Papiſts, and others, to the number of about 500. came with his Majeſty on Tueſday laſt, to the ſaid Houſe of Commons, armed with Swords, Piſtolls, and other Weapons; and divers of them preſſed to the doore of the ſaid Houſe, thruſt away the doore Keepers, and placed themſelves, betweene the ſaid doore and the ordinary attendants of his Majeſty; holding up their Swords, and ſome holding up their Piſtolls ready cock'd neere the ſaid doore; and ſaying, I am a good Markſman, I can hit right I warrant you, and they not ſuffering the ſaid door, 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 main­taine their party; and when ſeverall Members of the Houſe of Commons were comming into the Houſe, their attendants deſiring that Roome 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 violently 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 ſaid4 houſe, many of them by wicked Oathes, and otherwiſe, expreſſed much diſcontent, that ſome Members of the ſaid Houſe, for whom they came were not there, and others of them ſaid, when comes the word, and no word being given at his Majeſties comming out, they cryed 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 beene given, they ſhould have fallen upon the Houſe of Commons, and have cut all their throates. Upon all which we are of opinion, that it is ſufficiently proved, that the comming of the ſaid Souldiers, Papiſts, and others with his Majeſty 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 deniall, then to have fallen upon the ſaid houſe in a hoſtile manner, And wee doe hereby declare that the ſame was a traiterous deſigne againſt the King and Parliament. And whereas the ſaid Maſter Hollis, Sir Arthur Haſterigg, Maſter Pym, M. Hampden, and M. Strode, upon report of the comming of the ſaid Souldiers, Papiſts, and other in the warlike and hoſtile manner, aforeſaid, did with the approba­tion of the houſe abſent themſelves from the ſervice of the houſe, for avoiding the great, and many inconveniences, which otherwiſe apparantly might have happened: Since which time a printed paper in the forme of a Proclamation, bearing date the ſixth day of this inſtant Ianuary, hath iſſued out for the ap­prehending, and impriſoning of them, Therein ſuggeſting that through the conſcience of their owne guilt, they were abſent and fled not willing to ſub­mit themſelves to Juſtice; Wee doe further declare that the ſaid printed 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 may and ought to attend the ſervice of the ſaid houſe of Commons, and the ſeverall Committees now 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 Parliament.

And we doe further declare, That the publiſhing of ſeverall Articles pur­porting a forme of a charge of high Treaſon againſt the L. Kimbolton, one of the Members of the Lords houſe, and againſt the ſaid M. Hollis. Sir Arthur Haſterigg, M. Pym. M. Hampden, and M. Strode, by Sir William Killigrew, Sir William Flemen, and others in the Innes of Court, and elſewhere in the Kings Name, was a 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, & diſhonour to the ſaid Members, there being no legall charge or accuſation againſt them.

That the priviledges of Parliaments, and the liberties of the Subject ſo viola­ted and broken, cannot be fully and ſufficiently vindicated, unleſſe his Majeſty will be gratiouſly pleaſed to diſcover the names of thoſe perſons who adviſed his Majeſty to iſſue out Warrants, for the ſeling 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 out ſeverall Warrants under his Ma­jeſties owne hand, to apprehend the ſaid members. His Majeſties comming thither, in his own Royall Perſon. The publiſhing of the ſaid Articles, and printed paper in the form of a Proclamation againſt the ſaid Members in ſuch manner as is before declared, To the end that ſuch perſons may receive con­digne puniſhmnt,

And this houſe doth further declare, That all ſuch perſons as have given any Councell, or endeavoured to ſet or maintain diviſion or diſlike, betweene the King and Parliament, or have listed their names, or otherwiſe entred into any combination or agreement, to be ayding, or aſſicting, to any ſuch counſell or en­deavour, or have perſwaded any other ſo to doe, or that ſhall doe any 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 declared publike enemies of the State and Peace of this King­dome, and ſhall be inquired of, and proceeded againſt accordingly.

Die Lunae 17. Ianuarii 1641. It is this day ordered, By the Commons Aſſembled in Parlia­ment, that this Declaration ſhall be forthwith publiſhed in print.

Hen. Elſing. Cler. Parl. De Com.

The Seamens proteſtation, &c.

I A. B. Do Proteſt before Almighty God, to maintayne with my deareſt Life and blood, the Proteſtant Religion as was eſtabliſhed in the dayes of Queene Elizabeth; To acknowledge Charles, by the Grace of God, King of Great Brittain, France and Ireland: To ſtand for the Priviledges of Par­liament; utterly from my heart to abhor all Popery and Popiſh innovations. So help me God.

The votes of both houſes of Parliament, that paſſed, upon a Conference, concerning the accuſed Biſhops.

ALL the Articles and inditements againſt the Biſhops, wherein they were highly impeached being publickly read, both Houſes gave many votes againſt them, they being found ſo vehement peccant, and intolerable delin­quent. Firſt, for contracting and ſtriving to extenuate the Priviledges of Parliament. Secondly for denying the liberty of the Subject. And laſtly, for endeavouring to alienate the King from the Parliament, the one oppoſitely to the other; and many other impeachments being objected againſt them; the Parliament determined they ſhould be voted from the Houſe, degraded and ſuſpended from their Epiſcopall government, with an at cetera.

Five Articles preferred by the Houſe of Commons in Parliament againſt Mr. Herbert the Kings Attourney Generall.

WHether he contrived, framed, or adviſed the Articles exhibited a­gainſt the Lord Kimbolton, Mr. Hollis, Sir Arthur Haſlerigg,7 Mr. Pym, Mr. Hampden, and Mr. Stroud, or whether hee knew or had heard who did contrive, frame, or adviſe the ſame. To which he anſwered That he did none of thoſe three, and if he was proved ſo to doe, he would bee contented to dye for it.

2. Whether he knew the truth of thoſe Articles; To which he anſwered, That he knew nothing but what was ſaid to him by his Maſter the King.

3. Whether he will make them good when he ſhall be called thereto, To which he anſwered, he was no way able to make them good farther then his Maſter ſhould enable him.

4. From whom he had received them, or by whoſe advice hee did exhibite them. To which he anſwered, That from his Maſters hands hee received them, and by his command did exhibite them.

5. What proofe and teſtimony he had to maintaine thoſe Articles, To which he anſwered, That he received the Command from his Maſter, and had no other proofe or teſtimony but ſuch as his Master ſhould enable him with. And being preſſed to deale cleerely, what teſtimony that was, He ſaid he was of his Majeſties Counſell, and therefore deſired further time to conſi­der what anſwer to make,

VPon all which it was reſolved upon the queſtion, that the exhibi­ting of thoſe Articles in the Lords Houſe againſt Members of the Commons Houſe, was illegall and a high crime. It was likewiſe orde­red, that a Meſſage ſhould bee ſent to the Lords, to deſire them to joyne with the Houſe of Commons, to move the King, that by Thurſday next his Majeſtie will be pleaſed to appoint ſuch as have given information againſt the foreſaid Members, may bring in their charge, or elſe they to be freed by ſuch a way as the Parliament ſhall thinke fit.

An Order was entred, that in regard there was a high breach of the priviledges of Parliament by Mr, Herbert Mr. Attourney in exhibiting the Articles aforeſaid, in the ſealing up their papers and Trunkes, in the demand of the foreſaid Members in the Commons Houſe, that a Meſ­ſige be ſent to the Lords to make a Committee of Lords to meet with a Committee of the Commons Houſe, to conſider how and in what man­ner reparation may be made for the breach of priviledges.

Then the Blacke Rod came to call the Speaker and the Commons Houſe into the Lords Houſe, where the King by Commisſion paſſed the two Acts, 1. For presſing of Marriners for the ſhips. 2. For the Cap­tives taken by the Pyrats of Argiere.

Advice ſent from his Majeſties Commiſſioners in Scotland, to both Houſes of Parliament, Ianuary 15. 1641.

OVr Treaty concerning the Iriſh affaires, being ſo often interrupted by the emergent diſtractions, gives us occaſion earneſtly to deſire your Lordſhips, and theſe Noble Gentlemen of the Houſe of Commons; for to preſent to the Honourable Houſes of Parliament.

Wee doe in name of the Parliament and Kingdome of Scotland ac­knowledge ourſelves next to the providence of God, and in his Maje­ſties juſtice and goodneſſe moſt beholding to the meditation and Bro­therly kindeneſſe of the Kingdome of England in many reſpects, and E­ſpecially in Condeſcending to the Kings Majeſties downe comming to Scotland in the middeſt of their greateſt affaires whereof we have taſted the ſweet and comfortable fruits, and do heartily wiſh the happineſſe to this Kingdome.

And as we are hearty ſorry to finde our hopes thereof deferred, by the preſent diſtractions daily growing here to greater height, and out of the ſenſe thereof, have taken the boldneſſe to ſend our humble and faithfull advice to the Kings moſt Excellent Majeſty for the remedying of the ſame, to the juſt fatisfaction of his people; So out of our duty to his Ma­jeſty and to teſtifie our brotherly affection to this Kingdome, and acquit themſelves of the truſt impoſed upon us.

We doe moſt earneſtly beſeech the Honourable Houſes in the Depth of their wiſedome, to think timouſly upon the faireſt and fitteſt wayes of compoſing all preſent difference; To the glory of God, the good of the Church and State of both Kingdomes, and to his Majeſties honour and Contentment wherein if our faithfull endeavours may be any wayes uſe­ful, we ſhal be moſt ready at all occaſions to contribute the ſame.

FINIS.

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TextA declaration of the House of Commons touching the breach of their priviledges, and for the vindication thereof, and of divers members of the said house &c. Wherein is likewise contayned, first, a remonstrance of the present state of divers things in, and about, the City of London, Westminster and Parliament-house, ... : 2. The examination of His Majesties Attourny Generall by the House of Commons, ... 3. Seaven articles of high treason against Coronell Lunsford: together with an order of both Houses for the speedy apprehension of the Lord Digby, and the aforesaid Lunsford, ... 4. The wonderfull deliverance of foure honorable Peeres of this land, ... 5. The votes of both Houses of Parliament against those eleven Bishops which were accused of high treason, &c. 6. The advice sent from His Majewties Commissioners in Scotland, to both the honorable houses of Parliament in England, Ianuary the 15. 1641. ... 7. The sea-mens protestation. Lastly, how two boats laden with great saddles to bee carried down into Kingston, were staid, ... Published this 19. of Ianuary. 1641.
AuthorEngland and Wales. Parliament. House of Commons..
Extent Approx. 23 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images.
Edition1642
SeriesEarly English books online.
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Bibliographic informationA declaration of the House of Commons touching the breach of their priviledges, and for the vindication thereof, and of divers members of the said house &c. Wherein is likewise contayned, first, a remonstrance of the present state of divers things in, and about, the City of London, Westminster and Parliament-house, ... : 2. The examination of His Majesties Attourny Generall by the House of Commons, ... 3. Seaven articles of high treason against Coronell Lunsford: together with an order of both Houses for the speedy apprehension of the Lord Digby, and the aforesaid Lunsford, ... 4. The wonderfull deliverance of foure honorable Peeres of this land, ... 5. The votes of both Houses of Parliament against those eleven Bishops which were accused of high treason, &c. 6. The advice sent from His Majewties Commissioners in Scotland, to both the honorable houses of Parliament in England, Ianuary the 15. 1641. ... 7. The sea-mens protestation. Lastly, how two boats laden with great saddles to bee carried down into Kingston, were staid, ... Published this 19. of Ianuary. 1641. England and Wales. Parliament. House of Commons.. 8 p. Printed for Fr. Coules, and T. Bankes,London :1641. [i.e. 1642]. (Newsbook -- Wing.) (Also published with title : A declaration of the House of Commons touching the late breach ..) (Reproduction of the original in the British Library.)
Languageeng
Classification
  • England and Wales. -- Parliament. -- House of Commons.
  • England and Wales. -- Parliament -- Privileges and immunities.
  • Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800.

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