A NARRATIVE OF THE Cause and Manner OF THE Imprisonment OF THE LORDS: NOW Close Prisoners in the Tower Of LONDON  PSAL. 37, 
Fret not thyself because of him who prospereth in his way, because of the man who bringeth wicked devices to pass. For yet a little while and the wicked shall not be: yea, thou shalt diligently consider his place, and it shall not be.  
Amsterdam, 1677.   

A NARRATIVE OF THE Cause and Manner of the Imprisonment of the LORDS, Now Close Prisoners in the Tower of London, &c  
SIR,  
IN your last you commanded me to give you an enact account of the opening and proceeding of the Parliament: You know you may freely command me to serve you in any thing I am able, but you likewise know that I am no Courtier nor Member of Parliament, and therefore I Wonder you should apply yourself to me on this occasion, since you have so many Friends, as well at White-Hall, as in both Houses, which could give you a more particular Relation. But lest you should think I say this to excuse myself from serving you, I shall, as well as I can, give you an account, both of what I myself have observed in this matter, and what I have received from common Fame.  
ON Thursday, the 15th. of February, the Parliament (as they call themselves) or the Convention, (as I hear others generally call them) Met: And at the same time a vast number of People, filled Westminster Hall, the Court of Requests, the Painted Chamber, the Lobbies, and all places near the Parliament House; that the like was never before seen upon the Meeting of This, or any Other Parliament in our Memory. I being one of the Number, was more than ordinarily curious to find out and observe the temper of that great Body of People, and what it was they did desire or expect; and upon the strictest Enquiry I could make, I found that (except a few Persons who were engaged thereto by their Interest or Dependence) they did earnestly desire and expect, they should declare themselves to be No Parliament.  
When the King was come, the Commons were sent for up to the Lords House. Where I made a shift to crowd in and hear. The King and my Lord Chancellor made each of them a Speech worthy your Consideration; Copies whereof I have hear sent you. As soon as the Speeches were made, and the Commons withdrawn, a Bill was offered to be Read: But the Duke of Buckingham desired to be heard first; who after a most ingenious and modest Preface, told their Lordships, That in his Opinion, the Question before their Lordships, was not what they were to do, but, Whether they could do any thing as a Parliament. It being very clear to him, that the Parliament was Dissolved; For which Opinion he gave his Reasons; which because they are the Sum of all that was said, to prove the Dissolution, I shall give you as good and as brief an account of them as I can. He spoke to this purpose, Viz.  
That the last Prorogation being for 15 Months, was contrary to two Printed Statutes, the 4th. and 36th. of Ed. 3 (which he proved to be in force at this time) that require Annual Parliaments, and being so, was illegal; and that they could not meet by virtue of an illegal Prorogation, and therefore were Dissolved; For there being no legal Day for their Meeting, they could never Meet, unless it were by chance; and an accidental Meeting of the King, Lords, and 500 Commons could not make a Parliament, nor could the King's Proclamation help the matter. For a Proclamation was not of more force than a Prorogation, and if a thing were illegal when first commanded, it could not be made legal by a second Command. And he said, No body could pretend, that the King's Proclamation could make that a legal Parliament, which was not so before. And having answered all Objections of the King's power to dispense with some Laws, and such other as seemed to carry any colour of making the Prorogation legal, and having showed the great Inconveniencies that did arise from the long Sitting of Parliaments; how the very Nature of this House of Commons was changed; for now they did not look upon themselves as a Assembly that are to return to their own Homes, and become private men again (as by the Laws of the Land, and the ancient Constitution of Parliaments they ought to be) but they look upon themselves as a standing Senate, and a number of men picked out to be Legislators for the rest of their whole Lives. He told their Lordships, The matter was now brought to this Dilemma; Either the Kings of England were bound by those Statutes mentioned of Ed. 3. Or else the whole Government of England, by Parliaments and by Law, is absolutely at an End. For if the kings of England have Power by an Order of theirs, to invalidate an Act made for the Maintenance of Magna Charta, they have also Power by another Order of theirs to invalidate Magna Charta itself. And if they have Power by an Order of theirs to invalidate an Act made for the maintenance of the Statute De tallagio non concedendo, they have Power also when they please, by an Order of theirs to invalidate the Statute itself De Tallagio non concedendo, and then they may not only without the help of a Parliament raise what Money they please, but also take away any man's Estate when they please, deprive every one of his Liberty or Life as they please. This he told their Lordships, was a Power which no Judge nor Lawyer will pretend the kings of England have, and yet this Power must be allowed them, or else they that were met there that day, could not act as a Parliament. For they were then met by virtue of the last Prorogation, and that prorogation is an Order of the king's point blank contrary to the two Acts of Edw. 3. for the Acts say, That a Parliament shall be holden once within a year; And the Prorogation says, A Parliament shall not be held within a year, but some months after: And this I conceive is a plain contradiction, and consequently the Prorogation is void. He further added, That noting could be more dangerous to a king or a people, than that Laws should be made by an Assembly, of which there can be a doubt, whether they have power to make Laws or no? And said, It would be unexcusable in them, because there is for it so easy a Remedy; a Remedy which the Law requires, and the Nation longs for. The Calling of a New Parliament. And he showed the great Advantages that would accrue to the King, their Lordships, and the People, by frequent and successive New Parliaments. That without this, all they could do would be in vain: the Nation might languish a while, but must perish at last, they should become a burden to themselves, and a prey to their neighbours; and therefore moved, That their Lordships would humbly address themselves to the king to Call a New Parliament; that so they might unanimously (before it be too late) use their utmost endeavours for his Majesty's service, and for the honour, the safety, the welfare and the glory of the English Nation.  
No sooner had the Duke ended his Speech, but the Lord Fretchvil moved to have him called to the Bar, and the●e proceeded against as should be thought fit. The Lord Salisbury said, That was to take away the Freedom of Parliament. And maintained the Duke in his assertion with great Reason. After him the Lord Alisbury argued against the Dissolution, and against the Duke's being called to the Barr. The Lord Arundel of Trerice seconded the Lord Frechvil's motion. The Lord Halifax said, The Parliament was not in his Opinion Dissolved, but that it was so far from a Crime in the Duke to move it, that it deserved Commendation, because this was a proper place for the motion, and the Determination of it would be of advantage, which way soever the House should determine it. The Lord Berkshire spoke against calling to the Bar, and made a jest of it. The Lord Shaftsbury said, The calling the Duke to the Bar were to take away all liberty of speech in Parliament; he very judiciously opened the state of the case with relation to the Dissolution: He shown, That by the common law there ought to be Annual Parliaments; That divers Statutes had provided for Annual Parliaments; That we have right to our laws, and These are the laws that preserve our Rights; That these are the only laws by which the King is bound to call any Parliament; That the King is bound by his Oath to keep the laws, and that it is a great crime in any to endeavour to make him break his Oath: That 'tis dangerous to remove Old Landmarks That many Inconveniences have ever been the conseqences of long Parliaments: And after many Arguments and answering all Objections to the contrary, he concluded the Prorogation was illegal. The Marquis of Winchester said, The Parliament was not Dissolved, but thought the Duke, who moved the business, deserved thanks. The Marquis of Dorchester carried on the debate of the Dissolution, and argued against it.  
After this (which was about an hour) the debate of the Dissolution was continued about four hours, the Lord Chancellor undertaking to answer the Arguments which were or should be urged for it. This the Lords understood to be an implied lience to show the reasons of their opinion, and accordingly a good number of Lords urged unanswerable Reasons to prove the Prorogation illegal, and that they could not by law Sat, and Act, as a Parliament: And all this while there was no reflection upon any of the Lords for their opinion; for the Commons were still sitting, and upon debate of that matter; and the Court, Church, and Popish Lords could not tell what would be the Issue of the Question amongst them. But as soon as they had notice that the Commons were up, and had not suffered any Question to be put upon it, but had run the Debate upon a Question that had no ground either in law or Reason, which they had not determined neither, but had adjourned to the next day; They from this took right measures to conclude, that the major part of the Commons were unwilling to part with their Seats, and thereupon took confidence to show them, that they had the major part of the Lords too: and having so in both Houses, they need not fear to do whatsoever they had a mind to; and therefore without offering any colourable answer to the reasons and arguments that had been urged, they put this question, Whether this debate should be laid aside? and it was carried in the Affirmative. As soon as this Question was carried, the lord Treasurer moved; that it might be considered what to do with those lords that had asserted; That the Parliament was dissolved: The Duke of Ormond moved, that the Duke of Bucks might be questioned; The lord Treasurer moved, That the Earl of Salisbury, of Shaftsbury, and the lord Wharton might be questioned. The motion of these Lords (as I think I have been told) was seconded by the Duke of York, and some of the lords called upon them to withdraw, but they continued in their places as others of the lords declared they ought to do. The Debate continued 〈◊〉 hours, whether they should be questioned, divers lords urging, That it was against the Privilege of Speech, to which every Peer had right, to question them.  
And the Lord Privy Seal, made along, and most ingenious, and judicious Speech to that purpose. He said, It was an Essential Privilege of all Courts, that every one of the Members of any of them, should have Liberty to propose and debate any matter, that concerned themselves as a Court, or their own Jurisdiction; And this liberty is not only grounded upon the Law of England, but Reason has so clearly declared it to all Men, that it is allowed for Law in All Countries, much more ought to be allowed for Law in England, where we boast ourselves to be a Free People; and much more to every Member of the House of Lords, which is a constitutive part of the Legislative Power. And indeed nothing is more plainly provided for in the Law of England than this: Ask the Judges, and they will tell you, They are not Questionable for their Opinion delivered in Court, though overruled by their Brethren as contrary to Law. And shall not a Member of the high Court of Parliament have as much Liberty as the Judges of every Inferior Court in England claims? He said, There were many Records and Acts of Parliament, which did declare it to be the right of the Peers To Propose and Debate any thing which they thought to be for the Good of the King and Kingdom. And by the standing known Rules of the House, if any Motion be made that gives Offence, the Proposer ought immediately to be questioned, or not at all; and no Man is to Answer for any thing that has been Debated, and a Question put upon it; for by entering into the Debate, they allow it to be Disputable, and give Licence to the Lords to speak their Opinions of either side. And should they Invade this Liberty, and break these Rules (as in Questioning these Lords they should do) they should not Act is a Parliament, but as an Arbitrary Assembly; and there could be no Safety for any Member of Parliament; For whatsoever was Proposed by a●y 〈◊〉 〈◊〉 the Major Vote went against him, he and those of his Opinion might be questioned, and then no New law could be made, nor Inconvenient one altered or abrogated; For no law can be made or altered, but it must be proposed by some body, and none could dare to propose it, lest the House should not be of his Opinion, and then he could not be secure. He added, That this was the Case of every Lord there; For, suppose the Major Vote had been, That the Parliament was Dissolved, he believed they would not have been willing it should have been accounted an offence in them that had maintained that it was not: For if so, they did thereby allow that a New Parliament might question them for their Opinions, though they had now the Major Vote; and yet the reason will be the same if not gre●●er, than for the punishing these great Lords; For if we are in an Error, we have assumed a Power Illegal, that was not in us of Right: But they have only Doubted, that they and we want that Authority which in our Opinion we have. But, said he, 〈◊〉 is not what their Opinion was, or what they said is to be considered: but, Whether we do not Violate our own Privileges in the highest measure in the World by Questioning these Lords? And whether if they should be forced to withdraw by the Major part of the House, we do not at the same time Vote our own Privilege of Speech out of doors? And whether if we lose this Privilege of Speech, we shall not thereby become Useless and Insignificant? And whether by Judging those four Lords, and only four, when divers others were in the same Condition with them, as having maintained the same thing, we shall not show ourselves Partial and Unjust? And whether this kind of Proceeding will not reflect much upon the Honour of the House, and subject us to Censure both at home and abroad, where ever the story of it shall be related? These things, said he, are worthy your Consideration before you Question these Lords. But this and much more which was said by his Lordship, and a great many other of the Protestant Temporal Lords, could not prevail with the Court-Lords, Bishops, and Papists. For these last seeing their great Head so set upon it, were resolved to follow him, though contrary to their senses, (This is not strange in them whose Religion teaches them to believe and act against sense:) their Promises, and their Declarations before they came into the House. The two former knew who had the disposal of Preferments, and Rewards, and therefore minded not what was said, but who spoke; and had learned the Wisdom my lord Chancellor mentioned in his Speech, Viz. To enjoy what they could at present, without regard to to the future. And yet they durst not Venture to execute their design upon those Lords that night, because they knew not with what Spirit the Commons might be moved next morning upon the Debate, Whether it was a Prorogation or an Adjournment, which they had appointed then to be considered. And therefore they move to Adjourn the Debate of Questioning those Lords till the next morning. This was opposed by the Four Lords, and many other Noble Peers, but they were all answered by the Vote.  
This Sir, was all the Transaction of that day, saving that the Lord Shaftsbury willing it should appear upon their Books, what their Accusation was, and that they might know what to Answer to the next morning, Desired their Charge might be written, which was done accordingly in these Words. VIZ. For Proposing to the House, and Asserting, and Maintaining, that this Parliament is Dissolved.  
The next morning being Friday the 16, about too a Clock the Debate was again Resumed, and was raised high, and continued about three hours, in which time 'twas urged in the behalf of the four Lords, that three several times, Viz. 1. Hen. 7. 1 Q. Marry 1 Q. Eliz. the very same debate was in Parliament; It was then doubted whether the Writs were good (in form) by which they were summoned, and yet no man questioned for moving and debating it. The Religion established had been several times altered by Parliament, yet none ever questioned for proposing and debating it; And the parliament being Re-assumed before the day to which 'twas prorogued, in the year 1666, It was moved to consider whether they could Act as a Parliament and the proposer never questioned. And nothing could be more proper than such debats, for should there be a doubt whether they had Authority to Act as a Parliament, and yet Acts be made (and the Question undetermind) those that doubted, might dispute those Acts and overthrow them, if it should happen that the Judges, should be of opinion, that they had not a Legal Authority. And therefore 'twas a great hardship, that the Judges were not suffered to give their opinion in the point, when the Duke of Bucks, required it: It was likewise said, That those that had sat and made Acts as a Parliament had after ward been declared no Parliament (in futrue parliaments) and their Acts nulled, as 39 Hen. 6.  
And then it was not thought a crime to propose the consideration of their Authority, though the King had summoned and jontly acted with them as a Parliament, yet that was a greater questioning of the King's Prerogative then this: For as yet the King had not joined with them to Act as a Parliament.  
Now the debate had ended much sooner than it did (as most men think) by a Vote against the Lords (the only way of Answering their unanswerable Arguments) but for two Reasons, one was the same that had occasioned it to be adjourned, the night before; They were willing to see what was done by the Commons, And here by the way of digression, let me acquaint you, how the matter was managed amongst them: The first day it was moved in the House of Commons, that they could not Act by virtue of the last prorogation, and of that opinion were many of the best and wisest amongst them: But the Speaker, Indigents Courtiers, and some Country Gentlemen (as they have higher to pretended to be) were Impatient at it, and used all their Art to avoid the debate, as foreseeing should a fairer debate be admitted, they could not answer the Arguments might be urged, therefore, as I told you, they run it off upon a strange senseless Question, Whether it were a Prorogation or an Adjornment (the House generally agreeing, that it could not be a Prorogation and legal) which question they also adjourned till the next morning and from thence till the Monday following; And when it came then to be debated, the same party that had put off the debate (by that trick) before, spoiled even that debate too, by moving to have Liberty of speech to debate it. And after this had been long disputed, and 168 that were for a Vote to pass, that they should have Liberty of Speech, and were also of opinion, That the last prorogation was illegal, could not get the Speaker to put the Question, but the major part of the House joined with him, And put another Question by which they concluded themselves to be a House and to sit by virtue of the Prorogation. The Question was, Whether they should appoint New Commits? which was carried in the Affirmative.  
But to return to the Lords, I am next to tell you the other Reason that they suffered the Debate of questioning those Four Lords to continue so long, since it seems as if they were resolved not to be convinced by any Reason could be urged for their Defence. And the World judges this to be the Reason, viz. That they thought four such Lords as had so great Reputation for Wisdom, Interest and Courage, suffering on this account, would give too great a Credit to the thing they had proposed, & their enduring Imprisonment rather than Recant their Opinions, would make the World examine it too narrowly; and so the Question, which they endeavoured to smother, would grow more public, and the People would be made sensible, that what those Lords urged was only to assert the Rights and Liberties of the People of England in having frequent New Parliaments, and Freedom of Speech in Parliament. And therefore though they had singled those Four out of all the rest of the Lords that had maintained the same thing: Yet some of the Court Lords not out of love to any of the Four, but to avoid this Rock, and to prevent having so strong a Testimony of their Illegal Proceed, as the Interest and Reputation of those Four Lords would give, did labour, if possible, to single out the Duke of Bucks, and the Lord Shaftsbury from the other two, nay some seemed to desire the Duke of Bucks alone might be Questioned, as being the first mover in this matter, which he perceiving withdrew and went away, and immediately after the Vote passed for all their with wrawing; and though the Duke's going gave some disappointment to their Design, yet still they pursued it, by endeavouring, if it were possible, to separate my Lord Shaftsbury from the other two: But in this also they were disappointed, for my Lord of Sailsbury being called in first, soon showed them by his prudent and gallant Resolution, that all endeavours of theirs to divide him from so good a Cause, and truly Noble Company, were but in vain. And the Lord Wharton though in so great an Age, and under Circumstances as might some what have excused him, yet bore it with so much Honour and Resolution, as wholly frustrated their design of that kind, for though my Lord Salisbury was not called to the 〈◊〉, but to his place in the House, and there told by my ●●rd Chancellor, That the House did observe, that he did 〈…〉, that the Prorogation is Illegal, at which the House had 〈◊〉 great Offence, and looked upon it, not only as an offence to the House, but also to the King, and therefore required him to ask pardon of the King and the House. This his Lordship refusing to do, (after he was again withdrawn) the House judged this to be a Contempt, and that he should kneel at the Bar as a Delinquent, and be committed to the Tower during the pleasure of the King and the House.  
Next my Lord of Shaftsbury was called, not to his Place, but to the Bar; and not only required to ask pardon, but to make his acknowledgement in these very words, Viz. I do acknowledge my endeavouring to maintain this Parliament is Dissolved, was an ill advised Action, for which I humbly beg Pardon of the King, and this most honourable House. Which his Lordship refusing to do, the House judged it a Contempt, and that he should kneel at the Bar as a Delinquent, and be committed to the Tower during the pleasure of the King and the House. The Earl of Shaftsbury and Earl of Salisbury both desiring they might have their own Cooks.  
The 〈…〉 was called, not to the Bar, but to his Place in the 〈◊〉 and the same words said by the Lord Chancellor to him, as before to my Lord of Salisbury, but he also refusing to make his acknowledgement was likewise called to the Bar, and committed to the Tower.  
By which different manner of proceed, It is manifest, that they would gladly have lessened the Testimony of those Lord had they not been persons that knew not how to consult their particular conveniencies before their own Honour and the Public Interest.  
Next morning, the House sitting, the Duke of Buckingham came in and took his Place, but was immediately called upon to withdraw, He earnestly pressed to be first heard, but that not being suffered, he withdrew, and was immediately ordered to be brought to the Bar by the Gentleman-Usher of the Black-Rod, which accordingly was done, where he spoke to this purpose:  
My Lords, Yesterday when I went away I was ill, and besides, I thought I had sufficiently tired your Lordships with my Discourse; but since I hear you have committed the Earl of Salisbury, Earl of Shaftsbury, and my Lord Wharton to the Tower, I am come hither to pray your Lordships to Discharge them, or if not, to Send me to bear them Company, for I conceive they have done nothing, but what I have done as much, they only Arguing for what I first moved. After which the Lord Chancellor spoke to the Duke of Bucks as follows: My Lord, I am to tell you in what Condition your Affairs stand here, My Lords find you highly guilty in Asserting, That this Parliament is Dissolved, and very active in maintaining it, and therefore have Ordered, that you make this acknowledgement at the Bar, which I shall read to you, viz. I do acknowledge that my endeavouring to maintain, That this Parliament is Dissolved, was an ill advised Action, for which I humbly beg the Pardon of the King's Majesty, and of this most honourable House. To which the Duke replied; That if he had been unmannerly in his Behaviour, or if he had let fall any foolish or undecent expression, he was ready to ask Pardon; But there were two things for which he never could ask Pardon; The first was for Thinking (for that no man can help.) The next was for declaring to their Lordships what he did Think to be for his Majesty's Service, their Lordship's Henour, and the Good and Safety of the People of England: For if I should not do this, I were not an honest Man, nor worthy to sit in this House as a Peer of the Realm. Upon which his refusal, the Lord Chancellor pronounced this Sentence upon him: That for his Contempt to his Majesty and this House, he shall stand committed to the Tower of London, during the pleasure of the King, and this House: Then the Duke of Bucks desired, That he might have his own Cook and Butler, and so withdrew.  
And immediately upon the Motion of the Lord Treasurer, and the Duke of York, this further Order was made.  
Whereas George Duke of Bucks, James Earl of Salisbury, Anthony Earl of Shaftsbury, and Philip Lord Wharton, stand committed Prisoners to the Tower of London by Order of this House; It is this Day further Ordered by, etc. That the said Lords remaining Prisoners, be kept severally apart, and that they be not suffered to meet together unless it be at Church; and that no Persons be suffered to Visit them, without the leave of this House, except their necessary Servants and Attendants: For which this shall be a sufficient Warrant.  
To the Constable of the Tower of London, etc.  
Thus, Sir, I have given you (according to my best Information) an exact account of the Opening of this Sessions, and particularly of the Proceed against those truly Noble LORDS, who durst speak what they knew to be Right, and for their Countries Good, though it was never so unpleasing to a Faction they knew to be but too too prevalent; nor would they desert their Country, and Recant what they had so bravely Asserted and Maintained, though they could not but foresee, That the Allies of the Nevy Triple League, (Viz.) Bishops, Court and Popish Lords, who had already broke thorough the Ancient Rules and Practice of Parliament, and all the Laws of England, would (according to the New Court Word) go Thorow-stitch, and stick at nothing to remove them out of the way, who had so bravely shown them the Illegality of all their Proceed, and the unavoidable Mischiefs, if not utter Ruin they would bring upon themselves, and the whole Kingdom, if they did continue to Act as a Parliament, when they were so plainly Dissolved by Law.  
The strangeness of these Proceed is become the public Discourse of the Town; and it is Observable, That the very Courtiers themselves confess, That this Treatment of the LORDS is Prodigiously strange and Unpresidented, and that it hath too much made good what was so often told to the Members of both Houses, before their last Meeting, both in Discourses and Printed Papers, That if they would Presume to Sat upon such an jellgal Foundation, they should be forced to do all manner of arbitrary things to support themselves.  
Others say, that this their very first Act is such that (supposing they had been a Parliament) they had by it destroyed their own very Being; for by taking away Freedom of Debates, they not only take away the Right of the House of Peers, but the Privilege of the Commons also, and utterly destroy the very Essentials of Parliament; nay, by consequence the Rights and Liberties of all other Courts, Councils and Societies whatever. For nothing can be transacted in any public Assembly, but it must first be Proposed and Debated, and who will ever propose or debate any thing though of never so great Use and Benefit to the Public, if this Liberty be denied?  
For, if the Major part may Imprison the Minor, only for proposing and debating, than it will follow, that if an Assembly or Court consist of a Hundred Persons, Fifty one may Imprison Forty nine for maintaining an Opinion contrary to theirs; And of those Fifity one, Twenty six may Imprison Twenty five by the same reason; And so the Major number may Imprison the Minor, till they come to Two; and of those two, let but the Stronger Imprison the Weaker, and then according to this Rule, neither Law, Right or Reason is to be heeded, but only Number; and all Government must unavoidably dissolve itself into absolute Force and Tyranny.  From which Wretched State, I pray GOD for ever Keep this KINGDOM 
And it's generally said, that the manner of the Imprisonment of these four Lords is as Notorious as the Imprisonment itself; for they are denied the Liberty of having their Friends to Visit them; a thing which the Law of England allows as a Right to Felons, Murderers, nay to Persons Convicted of High Treason. For the Law of England knows no such thing as Close Imprisonment in any Case what ever, but that of Spies taken in War, or Traitors taken before the rest can be apprehended: And even in those Cases the Close Imprisonment ought to continue but for a few Days: But here Lord are thus committed for insisting upon Law, Reason, and the Rights of the Nation, and that in the presence of the King and all the Peers of England.  
Men further say, That their being Committed during the pleasure of the King and the House, is all one as being committed during Life; For if the King and House will not Release them, they cannot be Released. But such Commitments directly tend to the utter Subversion of the Laws and Liberties of Englishmen; For the Law of England knows no such thing as Imprisonment during the King's Pleasure or for Life; But only in a few particular Cases, provided for by express Statutes. But these Lords are not Committed for transgressing any Statutes, but for bravely standing for, and claiming to themselves and the whole Kingdom, the Benefit of divers Statutes. So that many here do believe, That the Commitment of these four Worthy Lords was designed, not only as a Punishment to them, for so bravely opposing the present Current, but as the only fit Means to carry on the Designs of the New Tripple-League; Such as,  

Under pretence of Securing the Protestant Religion, by Act of Parliament, To declare it Lawful for our Kings to be Papists; As is done in a Bill the Lords lately sent down to the Commons: and I do not hear of any one Bishop but did readily agree to it: And such as, The Lords assuming to themselves an Original jurisdiction over the Commons of ENGLAND. As they lately did in the Case of Dr. Cary, against whom they acted as Arbitrarily, and laid as excessive a Fine as ever the High Commission Court and Star-Chamber did in such a Case, as will appear by the Order for his Commitment, a true Copy where of taken out of the Lords Journal, I have here sent you.  
Die Jovis, primo Martij, 1676.   
WHereas Dr. Nicholas Cary being on Tuesday brought to the Bar, and there required by this House to Discover his knowledge concerning the Author of a Book or Paper Entitled, The Grand Question concerning the Prorogation of this Parliament for a Year and three Months, Stated and Discussed: And whose Servant that Person is who delivered the said Book or Paper to him? He the said Nicholas Carry refused to discover his knowledge thereof. Upon consideration had thereof, the Lords Spiritual and Temporal in Parliament Assembled, do Order and Adjudge the said Nicholas Cary, for his said Contempt committed in the Face of this Court, be, and he is hereby Fined to the King's Majesty, the Sum of One thousand Pounds; and further, That he the said N. Cary, shall be and remain a Close Prisoner in the Tower of London, not to be Delivered thence till he have paid his Fine.  
In this Order and Judgement it may plainly be seen what they would be at; It is not the Liberty of those four Lords only, but of all the People of England that is struck at by some men, and they are kept in Prison for the better carrying on of that Design. Our Laws are the Banks and Buttresses of our Liberties, and our only Fence against Arbitrary Power; And if they be taken away, no man is secure a moment. Magna Charta, the Petition of Right, and divers other the known Laws and Statutes of this Realm, do expressly say, That no man shall be taken, imprisoned or disceized of his Freehold, or any otherwise destroyed, without due process of Law, and Judgement of his Peers. And by the Common Law of England, No man is obliged to answer Questions against himself. But if notwithstanding, this present Convention of Lords may lawfully send for any man, and if he will not answer Questions against himself, may judge it a Contempt, and without any legal Process or Judgement of his Peers may Fine him more than he is worth, and Imprison him till he has paid that Fine, Magna Charta, the Petition of Right, and all the Laws made to secure our Liberites and Properties are become Useless and Insignificant things: And every Man in England enjoys his Liberty and Estate, not of Right or by Law, but at the Will and Pleasure of these Lords.  
Hence it is men stick not openly to say, It is not the Duke of Buckingham, the Earl of Salisbury, the Earl of Shaftsbury, the Lord Wharton, and Doctor Cary only; but all the Laws, Rights and Liberties of England are Imprisoned with them, And there is not any one Lord, Gentleman, Citizen, or Person whatsoever in England, But, by the same Rule, may be Imprisoned the next hour. So that their Case extends itself to the whole People of England, and what they suffer they suffer as their Martyrs.  
I Pray God deliver the King and Kingdom from the Calamitous Consequences that these things seem to Usher in, and bring deserved shame upon such Actions and Principles as for the Advantage of particular Persons, or little Factions tend to the Ruin of the People and Government.  
So Prays, Sir, Your Affectionate and humble Servant. J. E.   

The Publisher to the Reader.  
SIR,  
WHilst the Allies of our New Triple League are thus securing the Protestant Religion, and the Rights and Liberties of the Nation, the French King, (that great Enemy of the Protestant Religion, Liberty and Property, the Disturber of Christendom, who (for his Pride and Lust, which he calls his Glory) hath already destroyed at least Seven hundred thousand Men, and Burnt and laid Desolate whole Courtries) goes on Triumphant both by Sea and Land; having already 165 Ships of War, and about 40 more upon Stocks; which certainly will be the best Navy in the World; He has lately beat the Dutch Fleet in the West-Indies, and is like speedily to be Master of Sicily; He has thus Early in the Year taken Valenci●ns and Cambray; and just now there is certain News come, he 〈◊〉 so Worsted the Prince of Orangs Army, that its thought all the Spanish Netherlands must speedily fall into his hands without much Opposition. How dreadful an Aspect this hath upon England, you and all men may judge.  
I do not think it at all strange of find some men but little concerned for the Preservation of the Protestant Religion, and the keeping out of Popery, and others as little for the Maintenance of the Laws, Rights and Liberties of the Nation, in opposition to Arbitrary Power; but I hope there are none so rechlesly stupid, as to be unconcerned when they see themselves like to lose not only the Protestant Religion, and all the Rights and Liberties of the Nation, with all their own Estates and Possession, but the Land and Soil of the Nation itself: And this seems to be our present Case, for the wisest men here do think matters are brought to this narrow Issue, That either we must speedily have a New Parliament, or certainly become a French Conquest. For France is now become so prodigiously Powerful, that the most United Wisdom, Riches and Strength of this Nation will scarcely be able to preserve it out of their ravenous Hands. And I Appeal to all Mankind, whether we be like to find the like Wisdom and Faithfulness in a Gonvention of Men imposing themselves upon us as a Parliament, (the far greatest part of which consists either of French or Court-Pentioners Indigent or Outlawed persons, Children, Fools or such as are Super-annuated) as in a Parliament freely chosen by the whole Nation to preserve it from so eminent a Danger? And whether such a Parliament would not have much more the Command of the Hearts and Affections, the Purse and Persons of the whole People, than its possible for this Convention to have during the continuance of which as a Parliament; And consequently the King's Great Council, the French has arrived to this excessive Greatness, and poor England to this miserable State. Therefore it seems to be the indispensable Duty of every Englishman to use his utmost Endeavour to move his Majesty not only to Discharge these Four Worthy Lords, but to answer their Great Request, by Galling a New Parliament before it be too late to provide for the Safety of the King and Kingdom.  
FINIS.