Mr. GRIMSTON HIS SPEECH, At the Committee ſitting in Guild-hall on Thurſday the 6. of Ianuary 1641.
Concerning the breaches of the priviledges of Parliament; by breaking open the Chambers, Studies, and Trunks of the Lord Kimbolton, and the reſt of the members of the Houſe of Commons, accuſed by His Majeſty of high Treaſon.
Whereupon, The ſame day there was a declaration agreed upon, and publiſhed, for the preſervation of their priviledges, and protection of their Members from the like violence in time to come.
Printed at London for B. W. 1642.
THere is no Courts of Judicature within this Kingdome of England, but have ſeverall rights and priviledges appertaining and belonging unto them: and have ſuch power and authority in the ſeverall juriſdictions of the ſame, that they may call to an account, proſecute, and bring to judgement the infringers and breakers of the ſame. Of all theſe Courts there is none, yea put them all together, they are not of ſuch power and juriſdiction, but inferiour and ſubject to the Ordinances and Statutes of the high Court of Parliament.
M. Speaker, Of ſuch awfull predominance is the very name of a Parliament to this Nation, that it ſtrikes with terrour and deſpaire all ſuch evill doers as are malefactors in the State: on the contrary ſide, it cheares and comforts the drooping Spirits of men groaning under the burthen of tyrannicall oppreſſion inflicted on them unjuſtly and maliciouſly by unmercifull and wicked men that have uſurped to themſelves places and offices of power and authority both in Church and State.
M. Speaker, This great and high Court is not only the powerfulleſt of all other Courts whatſoever, but the prudenteſt and wiſeſt, made and compacted not onely of men ſound in Religion, well learned, but ripe in their judgments, contracted from all parts of this Kingdome, elected and choſen with the free conſent of the whole body politique of the Kingdome. This great and high Councell is not onely of ſuch power and wiſdome, but endowed and attended with the moſt and greateſt priviledges of all others; yea, ſo great are the priviledges thereof, that not onely the meaneſt of his Majeſties Subjects, but the greateſt perſonages of the Kingdome are in danger, if infringers of the ſame, to be called in queſtion and by them puniſhed therefore. Give me leave M. Speaker, to ſpeake ſomewhat of the priviledges in particular, incident and appertaining to this wiſe Senate: and in ſpeaking thereof, I ſhall obſerve theſe three particulars: firſt, the rights and priviledges belonging to the ſame, in the free votes and judicature thereof. Secondly, the rights and priviledges belonging to the power and juriſdiction thereof; and thirdly, the rights and priviledges in the continuance thereof, being freely called and aſſembled by his Majeſties royall authority, not to be diſſolved or broken off till all things agitated therein for the good both of Church and Commonwealth, be fully concluded and determined.
Firſt, M. Speaker, concerning the priviledges of a Parliament belonging to the free votes and judicature thereof, I ſhall obſerve theſe particulars: firſt, to ſpeake freely without interruption or contradiction in any debate, diſpute, or argument, upon any buſineſſe agitated in the ſame being a member thereof, I conceive to be one priviledge of a Parliament.
Secondly, not to be queſtioned, for any ſuch free diſpute, argument, or debate, to be taxed or accuſed for the ſame, either during the free ſitting thereof, or after, is another priviledge of Parliament.
Thirdly, freely to give vote, judgement, or ſentence, upon the reading of any Bill, to be made a law, or any bill, either of Attainder, or other charge againſt Delinquents and Criminous perſons of the State at their triall upon the ſame, is a third priviledge of Parliament.
Fourthly, to defend and maintain, the free votes, judgements, and ſentences of the whole Houſe, by Proteſtation, Remonſtrance, or other Declaration, if not conſented unto or oppoſed by the Houſe of Lords, is a fourth priviledge.
Fifthly, for any member of the Houſe not to be accuſed of any crime, or impeached for treaſon by any perſon whatſoever, during the continuance of the Parliament for things done in the ſame, without legall accuſation and proſecution of any ſuch member by the whole Houſe, is another priviledge of Parliament.
Sixthly, not to be apprehended upon ſuch impeachment, or arreſted by any officer, or to have upon ſuch accuſation their Chambers, Trunks, and Studies broken open, their bookes and writings ſeazed upon, without conſent or warrant of the whole Parliament, is another priviledge of the ſame. And thus much Mr. Speaker ſhall ſuffice to be ſpoken concerning the priviledges and rites of Parliament, pertinent to the ſubject, of which I am to ſpeake. I come now to the ſecond thing I propoſed to your audience, which was the rites and priviledges belonging to the power and juriſdiction of the Parliament: In which I ſhall obſerve theſe particulars. Firſt, to conſult and conſider of what lawes are fit to be made and inacted in this kingdome for the good government thereof, is one priviledge belonging to the power and juriſdiction of this High Court.
Secondly, to nullifie and abrogate, repeale, make voide, to ratifie and confirme, eſtabliſh, and maintaine lawes, ſtatutes, and ordinances, made and enacted by precedent Parliament, by Councels of State, or other Courts of judicature, is a ſecond priviledge pertaining to the power and juriſdiction of the Parliament.
Thirdly, to give ſubſidies, to raiſe taxes, to impoſe loanes and other charges upon the ſubject, is another priviledge belonging to the power and juriſdiction of the Parliament.
Fourthly, to accuſe or impeach any Incendiaries or Delinquents in this kingdome of any crime notorious, tending to the prejudice of his Majeſty or any of his loyall Subjects, whether it be for treaſon or otherwiſe, be they members of the Parliament or no, is another priviledge belonging to the power and juriſdiction of the Parliament.
Fifthly, and laſtly, to proceed and bring to judgement ſuch perſons ſo accuſed or impeached for any crime whatſoever, is another priviledge belonging to the power and juriſdiction of this Court, and thus much of the rites and priviledges belonging to the power and juriſdiction of a Parliament.
And now Mr. Speaker, I come to the laſt things I mentioned to you, concerning the priviledges belonging to the continuance and free ſitting till all things be concluded of for the good government both of Church and ſtate, in which I ſhall alſo obſerve theſe particulars. Firſt, that for a Parliament when freely called and aſſembled by royall authority, not to be tyed to debate, or argue any one particular buſineſſe appointed by any perſon whatſoever, is one priviledge belonging to the free continuance of a Parliament.
Secondly, not to break off or diſſolve a free Parliament, untill all the grievances and oppreſſions of all his Majeſties loyall ſubjects bee fully redreſſed and remedied, is a ſecond priviledge belonging to the continuance of a Parliament.
Thirdly, not to breake off or diſſolve a Parliament, till all Incendiaries and Delinquents in the ſtate be brought to condigne puniſhment for their crimes.
Fourthly and laſtly, not to accuſe or impeach any member of the Parliament thereby to hinder and interrupt the legall proceedings thereof in the waighty affaires of the Common-wealth, is another priviledge belonging to the continuance of a Parliament.
And thus Maſter Speaker, having briefly declared unto you the power and juriſdiction of a Parliament above all other Courts of Iudicature in this land, the wiſdome and policy of a Parliament above all other Councels, the rights and priviledges of a Parliament, in reſpect of the free votes and judicature thereof, the power and juriſdiction thereof, and the free continuance thereof; I humbly leave to the conſideration of this Houſe, whether the accuſation of theſe Gentlemen accuſed by his Majeſty, and the illegall breaking open upon this their accuſation, of their Chambers, Trunks, & ſtudies, be not a breach of ſome of the Priviledges of Parliament which I have mentioned unto you.
(EEBO-TCP ; phase 2, no. A85718)
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