The Privileges of Parliament which the Members, Army, and this Kingdom have taken the Protestation and Covenant to maintain. Reprinted for Consideration and Confirmation on the 5th. of January, 1659. the day appointed to remember them. Die Lunae 3 Ianuar. 1641. IT is this day ordered upon the question by the Commons House of Parliament, Exact Collection, p. 35. that if any Persons whatsoever shall come to the Lodgings of any Member of the House, The House of Commons were so far from countenancing or allowing force upon their Members in 1641. when the Parliament was full and free, that they made Orders for prevention of force when but suspected, and privileged their Members very lodgings & goods, as well as Persons, and judged all persons bound by the Protestation to assist in their defence, and to stand upon their guard and make resistance. and there do offer to seal the Trunks, Doors, or Papers of any Members of this house, or seize upon their persons; That then such Members shall require the aid of the Constable to keep such persons in safe Custody, till this House do give further Order; and this House doth further declare, that if any person whatsoever shall offer to arrest or detain the person of any Member of this House, without first acquainting this House therewith, and receiving further Order from this House, That it is lawful for such Member, or any person to assist him, and to stand upon his and their Guards of defence and to make resistance according to the Protestation taken to defend the privileges of Parliament. H. Elsing, Cler. Parl. D. Com. Die Mercurii 5. Ian. 1641. Commons House of Parliament. WHereas his majesty in his Royal person yesterday Exact Collection, p. 36, 37. being the 4th of January 1641. did come to the House of Commons attended with a great Multitude of men armed in a warlike manner with halberds, Swords and Pistols, who came up to the very door of the House, and It was then accounted unsuitable to the fit●ing or freedom of Parliament, to have armed men at the House of Commons door, or in the passages near to the House. placed themselves there, and in other places and passages near to the House, to the great ter●or and disturbance of the Members thereof then sitting, and according to their Duty in a peaceable and orderly manner, treating of the great affairs of both Kingdoms of England and Ireland; And his Majesty having placed himself in the Speakers Chair, did demand the persons of divers Members of the House to be delivered unto him; It is this day declared by the House of Commons, * If to demand the persons of five Members of the House after impeachment, is a high breach of the Rights and Privileges of Parliament, & inconsistent with the Liberty & Freedom thereof, so that the House did conceive thereupon that they could not with safety of their persons or indemnity of ●h● rights and privileges of Parliaments 〈◊〉 any l●ng●r, with out a full vindication and a guard wherein they might confide: What is it to imprison & seclude above 200. Members at once, without accusation or ground of impeachment? that the same is a high breach of the Rights and Privileges of Parliament, and inconsistent with the Liberty & Freedom thereof: and therefore this House doth conceive, they cannot with the safety of their own persons, or the indemnity of the Rights and Privileges of Parliament, sit here any longer, without a full vindication of so high a breach, and a sufficient Guard wherein they may confide; for which both Houses jointly, and this House by itself, have been humble suitors to his Majesty, and cannot as yet obtain: Notwithstanding which thi● House being very sensible of the great trust reposed in them, and especially at this time of the manifold distraction● of this Kingdom, and the lamented and distressed Kingdom of Ireland, doth order, that this House shall be adjourned until Tuesday next, at one of the clock in the Afternoon; and that a Committee be named by this House, and all that will come shall have Voyce●, shall sit at the * A good precedent for the Members of the House of Commons to sit in London for vindication o● their Privileges and security of their Persons, when Westminster is unsafe or under force. Guild-Hall in the City of London, to Morrow morning at 9 of the clock, and shall have power to Consider and Reason of all things that may concern the good and safety of the City and Kingdom, and particularly how our Privileges may be vindicated, and our Persons secured? And to consider of the Affairs and Relief of Ireland, and shall have power to consult and advice with any Person or Persons touching the premises● and shall have power to send for parties, witnesses, papers and Records, &c. Mr. Chancellor of the Exchequer, Mr. Glynn, If Mr. Whitlock be the only Member suffered to sit that was of this Committee, no wonder the privil●ges of Parliament formerly so zealously vindicated, are now so much broken and neglected. Mr. Whitlock, Lord Faulkland, Sir Phil. Stapleton, Mr. Nath. Fines, Sir Ralph Hopton, Sir John Ho●ham, Sir Walter Earl, Sir Robert Cook, Sir Thomas Walsingham, Sir Samuel Roll, Mr. Perpoint, Mr. Walt. Long, Sir Richard Cave, Sir Ed. Hungerford, Mr. Grimstone, Sir Christ. Wray, Sir Been. R●dyard, Sir John H●ppisley, Sir H●rbert Price, Sir John Wray, Sir Tho. Barrington, Mr. Wheeler, Sir William L●tton. This is the * 8. of them secluded and ●●cu●●d Members now 〈◊〉. Committee appointed by the former Order, and are to pursue the Directions of the former Order, and all that will come are to have voices at this Committee. A Declaration of the House of Common, touching a late Breach of their Privilege, and for the Vindication thereof, and of divers Members of the said House. Exact Collection p. 38, 39, 40. Whereas the Chambers, Studies and Trunks of Mr. Denzill Hollis, Sir Arthur Has●rigge, Mr. John Pym, Mr. John Hampden, and Mr. Will. Strode Esq Members of the House of Commons, upon Monday the third of this instant January, by colour of his majesty's warrant, have been sealed up by Sir William Killigrew, and Sir William Flemen, and others, which is not only against the Privilege of Parliament, but the common Liberty of every Subject; which said Members afterwards the same day were under the same colour by sergeant Frances, one of his majesty's sergeants at Arms, contrary to all former precedents, 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 Royal Person came into the said House, Armed guards at the House door, inconsistent with the freedom and privilege of Members. attended with a great multitude of men armed in warlike manner with halberds, Swords and Pistols, who came up to the very door of the House and placed themselves there, and in other places and passages near to the said House, to the great terror and disturbance of the Members then sitting, and according to their Duty in a peaceable and orderly manner treating of the great affairs of England and Ireland; And His Majesty having placed himself in the Speakers Chair, demanded of them the Persons of the said Members to be delivered unto him, which is a High Breach of the Rights and Privileges of Parliament, and inconsistent with the Liberties and Freedom thereof; By Law the King himself could not give warrant to apprehend Members of the House. And whereas afterwards his Majesty did issue forth several Warrants to divers Officers under his own hand for the apprehension of the Persons of the said Members which by Law he cannot do, there being not all this time any legal Charge or Accusation, or due process of Law issued against them, nor any pretence of Charge made known to that House: all which are against the fundamental Liberties of the Subject, Then Mr. Hollis as a Member was as free from arrest as Sir Arthur He●ilrig, but now Sir Arthur hath the Privilege alone, and Mr. Hollis, and the secluded Members are subject to arrest at pleasure. and the right of Parliament; whereupon we are necessitated according to our Duty to declare, And we do hereby declare, that if any Person shall arrest Mr. Hollis, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them, or any other Member of Parliament, by pretence or colour of any Warrant issuing out from the King only, is guilty of the breach of the Liberties of the Subject, To arrest any Member by whatsoever warrant without a legal proceeding, is against the Liberty of the Subject, and they that arrest any such are declared public Enemies of the Common wealth. and of the Privilege of Parliament, and a public Enemy to the Commonwealth. And that the arresting of the said Members, or any of them, or any other Member of Parliament by any Warrant whatsoever without a Legal 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 Privilege of Parliament; And the Person which shall arrest any of these Persons, or any other Member of the Pa●liament is declared a public enemy of the commonwealth. Notwithstanding all which we think fit further to declare, that we are so far from any endeavours to protect any of ou● Members that shall be in due manner prosecuted according to the Laws of the Kingdom, and the Rights and Privileges of the Parliament, It's eleven years that above Two hundred Members have been secluded, by their Fellow Members, & yet not one of them so much as accused or brought to tryal●: Let but one week be allowed for a legal accusation and trial of the 43. Members that sit, & if they be not all found guilty by the weeks' end, let them be privi●eged to sit as long as they live. for Treason or any other Misdemeanours, that none shall be more ready and willing than we ourselves, to bring them to a speedy and due Trial; 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 Subject and Parliament of England. And whereas upon several Examinations taken this 7th. day of this instant January, before the Committee appointed by the House of Commons to sit in London, it did fully appear, that many soldiers, Papists and others, to the number of above five hundred, came with his majesty on Tuesday last to the said House of Commons, armed with Swo●ds, Pistols and other weapons; And divers of them pressed to the said door of the House, thrust away the doorkeepers, and placed themselves between the said door, and the ordinary Attendants of his Majesty, holding up their Swords, and some holding up their Pistols ready cocked near the said door, and saying, I am a good marksman, I can hit right I warrant you; and they not suffering the said door according to the Custom of Parliament to be shut, but said, they would have the door open; And if any opposition were against them they made to question but they should make their party good, and that they would maintain their party; And when several of the House of Commons were coming into the House, their Attendants defi●ing that room might be made for them; some of the said soldiers answered, A pox of God confound them, and others said, A pox take the House of Commons. Let them come and be hanged, What ado is here with the House of Commons; and some of the said soldiers did likewise violently assault, and by force disarm some of the Attendants and Servants of the Members of the House of Commons waiting in the room next the said House: And upon the Kings return out of the said House, many of them by wicked Oaths 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 majesty's 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 questionless in the posture they were set, if the word had been given, they should have fallen upon the House of Commons and have cut all their throats: Upon all which we are of opinion, that it is sufficiently proved, that the coming of the said soldiers, Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January, in the Manner aforesaid, was to take away some of the Members of the said House: and if they should have found opposition or denial, then to have fallen upon the said House, in a Hostile manner, and we do hereby declare, that the same was a * Was not the fo●ce Dec. 6.7. 1648. and May 7, 9 and Dec. 27. 1659. the like? Treacherous design against the King and Parliament; And whereas the said Mr. Hollis, Sr. Arthur Haslerig, Mr. Pym, Mr. Hampden and Mr. Strode, upon report of the coming of the said soldiers, Papists and others, 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 apparently might have happened; since which time a Paper printed in the form of a Proclamation bearing date the 6th. day of this Instant January, hath issued out for the apprehending and imprisoning of them, therein Suggesting, that through the conscience of their own Guilt, they were absent and fled, not willing to submit themselves to Justice; We do further declare, that the said printed paper, Then the House of Commons would not suffer papers to be printed against 5 impeached Members now false, scandalous and illegal papers are countenanced against the major part of the House. is false, scandalous and illegal, 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 aught to attend the service of the said House of Commons, and the several Committees now on foot. And that it is lawful 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 Privileges of Parliament; And we do further declare, that the publishing of several Articles, purporting a form of a charge of high Treason, Then it was adjudged a high breach of privilege, and a seditious Act, tending to the subversion of the peace of the kingdom, and an injury and dishonour to the Members, to publish articles in form of a charge against them, since it hath been usual without control in that kind to asperse them in their very licenced Diurnals, especially by that insolent, malignant, lying mercenary writer for all parties, Mar. Needham. against the Lord Kimbolton, one of the Members of the Lord's House; And against the said Mr. Hollis, Sr. Arthur Haslerig, Mr. Pym, Mr. Hampden, and Mr. Strode, by Sr. William Killigrew, Sr. William Flemen, and others in the inns of Court, and elsewhere in the King's name, was a high Breach of the Privilege of Parliament, a great scandal to his Majesty and his Government, a seditious act manifestly tending to the subversion of the Peace of the Kingdom, and an injury and dishonour to the said Members, there being no legal Charge or Accusation against them: That the Privileges of Parliament, and the liberties of the subject, so violated and broken, cannot be fully and ●ufficiently vindicated, unless his majesty will be graciously pleased to discover the names of those Persons, who advised his majesty to issue out warrants, for the sealing of the Chambers and Studies of the said Members, to send a sergeant at Arms to the House of Commons, to demand their said Members, to issue out warrants under h●s majesty's own hand, to apprehend the said Members; His majesty's coming thither in his own Royal Person; the publishing of the said Articles, and printed paper, in the form of a Proclamation against the said Members, in ●uch manner as is before declared; to the end that such Persons may receive condign Punishment. And thi● House doth further declare, that all such Persons as have given any counsel, or endeavoured to set or maintain division or dislike, Such breakers of privileges of Parliament are declared public Enemies of the State and Peace of the Kingdom, and are to be proceeded against accordingly. between the King and Parliament, or have listed their names, or otherwise entered into any Combination or Agreement, to be aiding or assisting to any such Counsel or Endeavour, or have persuaded any other so to do; or that shall do any the things above mentioned, and shall not forthwith discover the same, to either House of Parliament, or the Speaker of either the said Houses respectively, and disclaim it, are declared public Enemies of the State and Peace of this Kingdom, and shall be inquired of, and proceeded against accordingly. Die Lunae 17. Ianuarii 1641. It is this day O●dered by the Commons assembled in Parliament, that this Declaration shall be forthwith published in print. Hen. Elsing, Cler. Parl Do. Com. The King's Message to both Houses Ianuarii 12. 1641. Exact Collection p. 40, &c. The late King very desirous to give satisfaction to all men in point of Privilege, but the Rump not o● His majesty taking notice that some conceive it disputable, whether his proceedings against my Lord Kimbolton, Mr. Hollis, Sr. Arthur Haslerig, Mr. Pym, Mr. Hampden and Mr. Strode, be Legal and agreeable to the Privileges of Parliament, and being very desirous to give satisfaction to all men in all matters that may seem to have relation to Privilege; is pleased to wave his former proceedings, and all doubts, by this means being settled, when the minds of men are composed, His Majesty will proceed thereupon in an unquestionable way, and assures his Parliament, that, upon all occasions we will be as careful of their Privileges, as of his life or of his Crown. To the Kings most excellent Majesty, The Humble Petition of the Inhabitants of the County of Buckingham shire Exact Collection p. 50. The Petition of the county of Buckingham in behalf of Mr. Hambden, good precedent for the several Counties, Cities. and places. all or any of whose Knights, Members, are illegally secluded for their faithfulness to their Country. showeth, THat your Petitioners having by virtue of your highness' Writ, chosen John Hampden, Knight for our shire, in whose Loyalty we his countrymen and Neighbours, have ever had good ca●se to confi●e: however of late to our no less amazement than grief, we find him with other Members of Parliament now accused of Treason: & having taken into our serious Consideration, the manner of their impeachment, we cannot but (under your majesty's favour) conceive, that it doth so oppugn the Rights of Parliament, to the maintenance whereof our Protestation binds us; that we believe it is the malice, which their Zeal to your majesty's service, and the State, hath contracted in the Enemies to your majesty, the Church and commonwealth, hath occasioned this foul accusation, rather than any deserts of theirs, who do likewise through their sides, wound the Judgement and care of us your Petitioners, and others, by whose choice they were presented to the House. Your Petitioners therefore most Humbly pray, Mr. Hampden and the rest that lie under the burdain of that accusation, may enjoy the just Privileges of Parliament: and your Petitioners shall ever pray, &c. Windsor, The late King by many degrees more tender of the privileges of Parliament, than those who have us●●ped his regal power. 13. January 1641. His majesty being graciously pleased to let all his Subjects understand his care, not knowingly to violate in the least degree, any of the Privileges of Parliament, hath therefore lately by a Message sent by the Lord Keeper, signified, that he is pleased because of the doubt that hath been raised of the manner, to wave his former proceedings against Mr. Hampden and the rest mentioned in this petition, concerning whom his majesty intends to proceed in an unquestionable way and then his Majesty saith it will appear, that he had sufficient grounds to question them, as he might not in justice to the Kingdom, and honour to himself, ●ave forborn: and yet his Majesty had much rather, that the said persons should prove innocent than be found guilty: however he cannot conceive that their Crimes can in any sort reflect upon these his good Subjects, who elected them to serve in Parliament. His majesty's Profession and Addition to his last Message to the Parliament, Jan. 4. 1641. The late King offers to assert and vindicate the privileges of Parliament in any reasonable way the Parliament should desire. HIs Majesty being no less tender of the Privileges of Parliament, and thinking himself no less concerned, That they be not broken, and that they be asserted and vindicated whensoever they are so, than the Parliament itself; hath thought fit to add to his last Message this Profession, that in all his proceedings against the Lord Kymbolton, Mr. Hollis, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, He had never the least intention of violating the least Privilege of parliament; And in case any doubt of breach of Privileges remain, will be willing to clear that, and assert these by any reasonable way that his Parliament shall advise him to; upon confidence of which, He no ways doubts His Parliament will forthwith lay by all Jealousies, and apply themselves to the public and p●essing Affairs, and especially to those of Ireland, wherein the good of the Kingdom, and the true Religion (which shall ever be His majesty's first care) are so highly and so nearly concerned. And his Majesty assures himself, that his care of their Privileges will increase the tenderness of his lawful Prerogative, which are so necessary to the mutual defence of each other, and both which will be the Foundation of a perpetual Intelligence between his Majesty and Parliaments, and of the Happiness and Prosperity of his People. Exact Collection, p. 45, 46. The like Petition in substance, was made by the City of London to his Majesty, and the like Answer, touching the impeached Members, and this breach of Privilege. Nevertheless I have somewhat against thee, because thou hast forsaken thy first love. Remember therefore from whence thou art fallen, and repent, and do the first works, or else I will come unto thee quickly, and will remove thy Candlestick out of his place, except thou repent. Rev. 2.4, 5. Every City 〈◊〉 House divided against itself shall not stand. Mat. 12.25. FINIS.