A DECLARATION Of the Commons assembled in Parliament, UPON Two Letters sent by Sir John Brooks, (sometimes a Member of the Commons House this Parliament, till he was disabled, being a Projector, Monopolist, and Fomentor of the present bloody and unnatural War; for bearing of Arms actually against the Parliament) to Sir William Killigrew at Oxford (intercepted near Coventrey) giving his advice how the King should proceed in the Treaty upon the Propositions for Peace, presented unto Him by the PARLIAMENT.  
With the NAMES of the Lords, Baronet's, Knights, Esquires, Gentlemen, Ministers and Freeholders, indicted the last Sessions at Grantham, of high-Treason, by Sir Peregrine Bartue and the said Sir John Brooks, before themselves, and other their fellow-Cavaliers, Rebels and Traitors, Commissioners, appointed (as they say) for that purpose.  
Who, contrary to the known Laws of this Kingdom, seize all the Estates of the persons indicted, require their Tenants to pay in all their Rents of the said Lords and others, unto themselves, being Commissioners and sharers therein.  
Also, the Ordinance of both Houses, made the 17 of Decemb. 1642. that the pretended Commissioners, and all others, Sheriffs, Officers, jurors, and any whom it may concern, may know what to expect, that shall presume to molest the Persons or Estates of any for their service to the Parliament and Kingdom.  
With some Abstracts of credible Letters from Exeter, who give a further Relation concerning the late Expedition under the command of Sergeant Major James Chudleigh against the Cornish.  

Ordered by the Commons in Parl. That this Declaration and Letters be forthwith Printed and published:  
H: ELSING, Cler. Parl. D. Com.   
May 10. London, Printed for Edw. Husbands in the Middle-Temple. 1643.   

A DECLARATION OF THE COMMONS Assembled in Parliament, etc.  
THe Commons in Parliament having received two several Letters (which were intercepted) written and sent by Sir John Brooks (sometimes a Member of that House this Parliament, till he was disabled, being a great Projector and Monopolist, and not only a deserter of the service, wherewith he was entrusted for the public, but also a Fomentor of the present, bloody and unnatural War, and actually bearing of arms against the Parliament) unto Sir William Killigrew knight, a great and principal Factor for the Cavaliers in this Rebellion and Design, residing at Oxford, during the late Treaty upon the Propositions for an Accommodation presented unto His Majesty by both Houses; whereby, as a further concurrent Testimony, the good people of this Kingdom, and all others that wilfully have not blinded themselves, (holding the Truth in unrighteousness, not suffering that to appear; which in their judgements they cannot gainsay) may clearly discern by whose and what Counsels His Majesty is swayed, and is and hath of late been seduced; that the meanest of those that have engaged themselves in this hellish and Tyrannical Rebellion, do adventure to cast in their Mites, their Counsels being as various as their Designs; some endeavouring the promoting of the Popish Religion; others, their own lucre and advancement, to make up again their desperate and broken Fortunes, by the ruin and destruction of the faithful of the Land; some, ambitiously seeking Honour, that they may insult over the Lord's heritage; some, to protect themselves from the hand of public Justice, to which they are obnoxious; and others, hunting for revenge; Each of them striving to be the most lying spirit in the mouths of all them that encompass the Royal Throne, who have not only persuaded, but have prevailed also; and have made the Nobles and great Men of England, for the most part, of those that have withdrawn themselves, as the Nobles of Israel, Destroyer's of the work, and hinderers of a Reformation; the Evidences of which Truths are daily so clearly discovered, by extraordinary and special Acts of divine Providence, so visible, as he that runs may read.  
By these Letters it appears, That the Lords and Commons of both Houses, who have not lost their first love, nor deserted their Trust, but have appropriated themselves to the Lords work; that have given sufficient Testimony of their Affections to the service and safety of the King and Kingdom, are vilified and traduced, and that in the highest places, by these wicked and seducing Counsellors, who not only work them out of the good opinion of His Majesty, but by their wiles are encompassing their Ruin and Destruction; have advised, that no pardon may be given to the Lords and others, that have taken up Arms, though in their own defence, against them that are declared by the greatest Counsel of the Land, to be public Enemies to the State; and that in every County inquisition may be made by such Instruments as the King may best trust; and a special care taken, that none of them may escape that are rich, and have good Estates; whose Names must be certified speedily to His Majesty, that they may be exempted out of the general Pardon.  
And whereas, according to the known Laws of the Land, as both the Houses of Parliament by their Declarations of the Seventeenth of January, and Second of February, 1641. have declared, That where there is no Charge against any Member of either House, made known to that House of which he is a Member; and he is Arrested, Attached, Indicted or Accused; or where their Estates are seized or sequestered, which is not made known to such House whereof he is a Member, That it is against the Fundamental Liberties of the Subject, the Rights of Parliament; and that those that did or should offend therein, were guilty of the breach of the Privileges of the Parliament, of the Liberties of the Subjects, and public Enemies to the Commonwealth; and thereupon the King himself, as appears by His Message of the Twelfth of January following, waved His proceed against the Lord Kimbolton and the Five Members of the House of Commons accused of high-Treason; And in his Message of the Twenty fourth of the same Month, sent to both Houses, confesseth His mistake in the way: And whereas afterward both the Houses of Parliament declaring in their Petition to His Majesty, That it is the undoubted Right and Privilege of Parliament, that no Member of either House of Parliament can be proceeded against without consent of Parliament; His Majesty returned in answer the Second of February, 1641. That he did find good cause wholly to desert His prosecution against the Lord Kimbolton and five Members.  
Yet the said Sir John Brookes, as it appeareth by his letters hereafter mentioned, and as it is most evident, the rest of his fellow Traitors and Rebels that are the pretenders of peace, and of governing the Subject according to the known Laws, have not only broken through and violated these known Laws so lately declared in Parliament, and confessed and consented unto on all hands, but contrary to all Law and justice, by colour of a Regal power and the King's Prerogative, above the Law, presumptuously against all the Rules and Precedents of Law, under pretence of a Commission of their own procuring to them directed, have caused divers members of both Houses, and divers Gentlemen of Lincolnshire (whose names are hereafter recited) to be Indicted of High-treason before themselves, and have caused their estates to be seized as forfeited, requiring the Tenants of all and every the said persons so Indicted, forthwith, and from time to time as they shall grow due, to pay in all the Rents of the said Lords and others, unto themselves being Commissioners and sharers, which is according to the advice given by the said Sir John Brookes in his Letter against the Pardon, whose words are, How else shall the King pay His debts now made for this War, and recompense those that have adventured their lives, and spent their fortunes, and have been undone? and if the King will not punish the one, and reward his faithful servants, He will be in a worse estate by such a peace, than He was at the beginning of this War. These pretended Commissioners make it criminal to such Tenants as shall refuse to pay in the Rents unto them, threatening them with severe punishments for their neglect and contempt.  
These Letters further inform us, what advise the Author hath commended to His Majesty concerning the Members of both Houses, That He should not allow of a Treaty with His Parliament, before they were all restored; That the two Houses may be full of the same Members, as at the first; insinuating, That if the two Houses were so filled, the King need not doubt but all things would proceed from them to His Honour and Greatness, and that the King cannot receive Honour nor Right from the rest that have Traitorously plotted His ruin and overthrow, and our Religion, Laws, and Liberties; As he is the first that so bold-fac'dly chargeth the whole Parliament with Treason in the highest degree, so it were to be wished he were the only man that hath put conditions upon the King, threatening Him with a new War against the King, Kingdom, and Parliament, if His Majesty should conclude a Peace contrary to their advice, and would not gratify them with the estates of such as had borne Arms against them; and if the King would permit all those that were for Him to be thrust out, He will find hereafter none to stand for Him. The Author of these Letters, boasts and glories in that his advice is followed, which appears to be most true in this particular; for by His Majesty's Message to both Houses of the 12 of April, 1643. the King Declares, That before He would disbandon the Armies (which was to precede the Treaty upon the other Propositions) He would have all the Members of both Houses to be restored, who have been Voted from them (as the Message says) for adhering to His Majesty in these distractions. Let the world judge what these men merit, instead of a restitution to their places in Parliament, who have not only withdrawn themselves from the service, but Traitorously have endeavoured to subvert the same, our Religion, and Liberties, and by force to destroy the good people of the Kingdom: what a wonderment would it be to restore again a power to them over the lives, estates, and liberties of those who first sent them to serve in Parliament, that already threaten to turn their power against them to their ruin and destruction, being confident they shall carry things as they list, if the Houses were filled as at first.  
The Author in his last letter tells us, That His Majesty's last Message to the Houses of Parliament was according to his heart, and for the most part the same which he formerly sent to Sir Will. Killigrew, which was read unto the King. These evil Counsellors have discovered themselves, Let the whole Kingdom judge how pleasing it is, and what peace was to be expected.  
The Author concludes with a lamentable story from his wife, every man can quickly tell what he deserves; 'tis true, his house was searched, there being good cause; but 'tis as true, That although his Lady discovered herself an enemy to the Parliament, there was not, nor yet is there any thing carried away, to the bigness of a Nutt, but all left where it was then found.  

ORdered by the Commons in Parliament, That this Declaration, the Letters, the List of the names, and the Ordinance of the 17 of December, 1642. be Printed and published.  
Hen. Elsing Cler. Parl. D. Com.    

SIR,  
I Should be very glad to hear the King should have his Navy, Revenue, his Forts and Magazines restored, but I hope the King will not finish the Treaty, but with his two Houses of Parliament, being full with the same Members as at the first; for if the King permit all those that were for him to be thrust out, than I believe he will find hereafter none to stand for him. But it is against the Law and right of the Subject, that any being legally elected, should be put out of the house, but for some offences against the known Laws of the Kingdom. And the two Houses being so filled as at the first the King need not doubt, but all things will proceed from them to his Honour and greatness. And other ways from the sixth or seventh part of the House, who as all the World knows, have traitorously plotted his ruin, and our overthrow, our Religion, Laws & Liberties. Can it be thought possible, that from that faction; the King can ever receive honour and right? And I pray let me say some thing to you concerning a general pardon, the which I know they will in the end much press for: First, all those that have served the King, will desire none, nor need any: And if the King should grant to all the Lords and others that have taken up and born arms, and made war against his own person and his Forces, I verily believe you will quickly see another war again: and besides, how will the King pay his debts now made for this war, and recompense those that have adventured their lives, and have spent their fortunes, and have been undone by their plunderings? And if the King will not punish the one, and reward his faithful Servants, I do believe the King will be in worse estate by such a Peace, than he was at the beginning of this war. I am far from dissuading a pardon to be given to the poor common people, that have been seduced, and some for fear, and by force have been constrained to this unnatural and unlawful war. But all those in every County that have good estates, that have contributed, and have in person taken arms against the King to be excepted, in which inquiry, there must be great care taken, other ways many rich notorious Traitors may escape. And therefore the King, as I conceive, must send to those he most trusts in every Shire, to certify the names of those that aught to be exempted out of the general pardon, as we have now done by Sir Peregrine Bartue, for our County of Lincoln: I will say nothing to you of the taking of Grantham, for the news is by this stolen, but he can declare all the business: only your brother Fines got away, on whom they lay all the fault of the loss of the Town. But I hope you shall hear better news ere long from us, then that my Lord of Newcastle hath mustered 18000 horse and foot, and hath taken an entire Troop of Dragoneers from Hotham, since Sir Hugh Cholmley's coming in: I pray God send the King an honourable an happy peace:  
Your Servant, John Brooks. Newark 27, of March, 1643.   

Postscript.  
MY Lord of Newcastle hath promised to let us have 500 Muskets for our money, the which if we can get, we will lose all our lives, but we will reduce Lincolnshire to the King's obedience, and be able to serve him with 5000 horse and foot, and to secure the County besides, without any charge to the King. And if the King would send us a draught of an association to be made between us and Nottinghamshire, Rutland-shire, and Leicester-shire, if he think such a course would be for his service, I believe it would utterly overthrow all the Parliaments hopes and supplies from these four Counties, and make them all for him. And I doubt not but Derbyshire will come in, and many more will follow the example. All men now being clear-sighted and weary of these oppressions, as hateful to God and man.   

SIR,  
ACcording to my promise in my last Letter, I do send you here enclosed the names of those that were indicted of high Treason at our last Sessions at Grantham, I can add no more news but that this day I received from my wife the Copy of the King's last Message to the Houses of Parliament, which was according to my heart, and the most part of it the same I formerly writ to you, which you were pleased to read to the King. My wife writes that the Commons in Parliament will not suffer it to be printed, but I have sent it to my Lord of Newcastle, to be printed at York, if he think fit. By my wife's Letter, you may perceive, that my house in London is plundered from the Garrets to the Cellar, and all taken away to the bigness of a Nut: And I am sure you know, how it was furnished. And this act done by a particular Warrant from the Committee: I will die but I will revenge it, and that ere long: God in Heaven deliver the King, and all that love him, from these base traitorous Devils.  
Your faithful Servant, john Brooke. Newark 21 of April, 1643.   

All the Tenants and Farmers of any Lands, Tithes, or other Hereditaments, are to take notice that the Persons here-under-written by due course of Law, stand indicted of high Treason, for which offence all their estates ought to be forfeited unto, and seized by the King. His Majesty's Commissioners, therefore require all such Tenants and Farmers to pay their Rents last due, and to be due unto the King's Commissioners for the County of Lincoln for his Majesty's use. In default whereof the Tenants themselves to be charged therewith, and receive due punishment for their neglect and contempt. The Rents already due to be paid within five days after the date hereof, and the Rents to grow due within five days after the same shall be due.  

Members of the Lords House this present Parlia.  
Theophilus' Earl of Lincoln,  
Francis Lord Willoughby of Parham,   

Members of the House of Commons this Parliament.  
John Hotham of Beverley, Esquire.  
Sir Christopher Wray of Barkings, Knight.  
Sir Anthony Irby of Boston, Knight.  
William Ellis of Grantham Esquire.  
Sir Edward Ayscough of South Kelsey, Knight  
Thomas Hatcher of Careby, Esquire.   
John Wray of Glentworth, Esquire. Sir Thomas Trollop of Caswick Baronet. Sir John Brownloe of Belton, Baronet. William Browne of Sleeford, Gentleman. Thomas Savill of Neiwton, Esquire. Henry Massingberd of Bratoft, Gentleman. maintainer Massinberg, of the same, Gentleman. John Archer of Panton, Esquire. Thomas Lister of Colby, Esquire. Thomas Grantham of Goltho, Esquire. Edward King of Martin, Esquire. Edward Rosseter of Somerole, Esquire. Thomas Welby of Boston, Gentleman, Francis Fines of Threckingham, gent. William Welbie of Dentongent. Edward Whichcot of Bishop Norton, Esquire. Mullineux Disney of Norton Disney, gem. Edward Ayscough of North Kelsey, Esq John Bolland of Gosberkirke husbandman. John Darrell of Grantham, Gent. William Thompson of Roxholme Gent. Nicholas Norwood of Preiston, gent. Thomas Bristol of Grantham Gent. Thomas blundel of the same Esquire. William Toller of Billingborow, Yeoman. Richard Shepperdson of Grantham, Mercer. Robert Kelham of Grantham Tanner. John Griffith of the Bail of Lincoln, Gent. Robert Bee of Sleeford woollen Draper. William Fearing of Grantham Cordwayner. Samuel Askew of Harlaxton, yeoman. Thomas Silon of Boston gent. William Cole of Boston Cordwayner. John Browne of Billingburgh gent. Mathias Browne of Horbling gent. Richard Toller of Billingburgh gent. Thomas Wallis of Swaton Clerke. Andrew Thornton of South Kine, Clerk. Thomas Scochey of great Hale Clerk. George Foster of great Hale yeoman. Nicholas Timberland of Threckingham yeoman. John Seagrave of Stow green, yeoman. Clement Benson of North Kelsey Gent. Edward Tilson of Boston woollen Draper. Edward Skipwith of Grantham Gent. William Clerk of Grantham Apothecary. Richard Coney of the same, gent. William Berrie of the same, Gent. Robert Ram of Spalding, Clerke. Robert Alford of Sleford Clerke. Francis Manbie, of Lincoln Gent. William Savill of Newton gent. Thomas Hall of Donington yeoman. Samuel Lee of Burton Pedwerdine, Clerke. Thomas Ballard late of Sleeford, gent. Willam Ballard of Brant Broughton gent. John Harrington of Spalding the elder Esquire. John Harrington of the same, the younger gentleman Robert Cawdron of great Hale Esquire. Matthew Briggs of Sunflet, yeoman. Zacharias Briggs of the same yeoman. John Burton of the same gentleman Peter Dickenson of Gain borough gent. Joseph Lark of the same gentleman Thomas Ogle of Pinchbecke, Esquire. John Pedder of Surstet gent. John Plummer of Gosborkirke, yeoman. John Good year of Heckington yeoman. Thomas Eastcoate alias Escoath of Algarkirke Gent. Sir Edward Hartupp the younger of Grantham Knight. Thomas Garthwaite of Harmston gent. Ephraim Garthwaite of Barkeston Clerke. Sir Hamond Whichcot of Sleford Knight. Matthew Read of Grantham gent. Daniel North of the same, Gent. Henry Blestet of the same Gent. Wyatt Perkins of Pinchbecke Gent. Thomas Pell of Cosberkirke, yeoman.  
May 3. 1643. Ordered to be forthwith printed and published with the Letters. H. Elsing Cler. Parl. D. Com.   

Die Sabbathi 17 December 1642.  
Whereas information hath been given to the Lords and commons assembled in Parliament, that Clifton Catesby, john Lilburne, and Robert Vivers Captains in the Army, raised by Authority of both Houses of Parliament for the necessary defence of the true Protestant, Religion the King, Parliament, and Kingdom, under the Command of Robert Earl of Essex, Captain General thereof were taken Prisoners by the forces raised against the Parliament, in executing their several duties and services according to the Ordinances of both the said Houses, and after carried Prisoners to Oxford Gaol, and having been most barbarously used, are now questioned, and proceeded against by way of Indictment before Sir Robert Heath Kt. one of his Majesty's justices of the King's Bench, and others (by colour of some Commission or other Authority from his Majesty) for high Treason, and other supposed misdemeanours; whereas many have been taken Prisoners by the Parliament forces in the act of War against the Parliament, which by the Laws and statutes of this Realm is Rebellion, and high Treason against the King and Kingdom, and the Actors herein Traitors; and yet none of them have hitherto been put to death, or otherwise severely dealt with by the Parliament. It is therefore Ordered and declared by the said Lords and Commons that all such Indictments and other proceed against the said Capt. Catesby, Capt. Lilbourne, and Cap. Vivers, or against Capt. Wingate, who have done faithful and good service to the Commonwealth, or against any other person or persons, who have done or shall do any service in the said Army; or for the raising of any moneys, Plate, horse, or Arms, for the mainetenance thereof, or otherwise in the execution or Pursuance of any Order or ordinance of both or either of the said Houses of Parliament for the defence of the public safety, are unjust and illegal, and the said Sir Robert Heath and all other Commissioners, justices, Sheriffs, Jurors, and other officers and Ministers of Justice, and other Persons whatsoever are hereby required and enjoined to surcease any further proceed against the said persons before named or any other for any the causes aforesaid upon the said Indictments or otherwise. And the said Lords and Commons do further declare, that if the said persons before mentioned or any of them or any other shall be put to death or other hurt or violence offered to their or any of their persons for or by reason of any such service done or to be done by or according to any order or Ordinance of both or either of the said Houses, the like punishment shall be inflicted by death or otherwise upon such prisoners as have been or shall be taken by the forces raised by Authority of both Houses of Parliament; And if the said Sir Robert Heath, or any other Commissioner, justice, Sheriff, juror of other Officer or minister of justice or other person shall do contrary to this Ordinance in any the premises they and every of them for so doing shall be proceeded against and dealt with as enemies to the King and Kingdom.   

A further Relation of what happened in the late expedition under the Command of Sergeant major james Chudley with his 108 horse against Sir Ralph Hopton with his 500 horse, and 5000 foot.  
DIvers of the Cavaliers which then were present & since taken Prisoners tell us, and we have it from better hands, that God did show himself that day, which was Tuesday, the 25 of April last, more wonderful in his Judgements, then hath been yet related, for when the Cavaliers were passed two miles beyond the place we pursued or chased them, they fell upon and destroyed one another, for we having got their word (which was Lanceston) and they ours, which was (Religion) coming amongst their own friends, and into their own quarters, but conceiving it to be ours, and being demanded the word, and saying (Religion) they fought and killed many of themselves.  
That some men well affected to the Parliament, who were enforced to serve in Hoptons' Army, inform us, that immediately upon the fight, there was such a terrible Thunder and Lightning, that the Lightning fired many of the Cavaliers Bandaleeres, which burned their , faces and hair that many of the wounded and scald men died daily in Lanceston.  
FINIS.