THE ORDER Of the House of COMMONS, Declaring the high Breach of privilege of PARLIAMENT, By His Majesties coming in Person, attended with great numbers of Persons, Armed with Halberds, Swords and pistols, to the Commons House of PARLIAMENT.  
Together with the Power given to the Committe of the House of Commons, appointed to sit in London, to consider of Vindicating the privilege of Parliament, and of the safety of the Kingdom and city.  
Whereunto is added the Names and Declaration of the said Committee.  
 
LONDON; Printed for Joseph Hunscott. 1642.   


Master Chancellor of the Exchequer.  
Master Glyn.  
Master Whitlock.  
Lord Faulkland.  
Sir Phil. Stapleton.  
Master Nath. Fines.  
Sir Ralph Hopton.  
Sir John Hotham.  
Sir Walter Earl.  
Sir Robert Cook.  
Sir Tho. Walsingham.  
Sir Samuel Roll.  
Master Perpoint.  
Master Walt. Long.  
Sir Rich. Cave.  
Sir Ed. Hungerford.  
Master Grimston.  
Sir Christ. Wray.  
Sir Ben. Rudyard.  
Sir John Heppisley.  
Master Herbert Price.  
Sir John Wray.  
Sir Thomas Barrington.  
Master Wheeler.  
Sir Wil. Litton.   
This is the 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.   

Die Mercurii 5th 5th January, 1641. 
 Commons-House of Parliament.  
WHereas his Majesty in his royal Person yesterday 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 Holberts, 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 House, to the great terror 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, that the same is a high breach of the Rights and privileges of Parliament, and inconsistent to the Liberty and 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 confided; for which both Houses jointly, and this House by itself, have been humble Suitors to his Majesty, and cannot as yet obtain.  
Notwithstanding which, this House being very sensible of the great trust reposed in them; and especially at this time of the manifold distractions of this kingdom, and the lamentable and distressed condition of the 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 name by this House, and all that will come shall have voices, shall sit at the Guild-Hall in the City of London to morrow morning at nine of the clock, and shall have power to consider and resolve 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 sand for parties, witnesses, papers, and Records.  
And it is further ordered, that the Committee for the Irish Affairs shall meet at the Guild-Hall aforesaid, at what time they shall think fit; and consult and do touching the Affairs of Ireland, according to the power formerly given them by this House; and both the said Committees shall Report the Results of their consideration and Resolution to this House.   

The Declaration agreed upon by the Committee of the House of Commons, appointed to sit in the Guild-Hall in London, to consider of the safety of the Kingdom, and of the City of London: and of the preserving the privileges of Parliament.  
Master wild, sergeant at Law, sitting in the Chair of that Committee. 6 Jan. 1642.  
WHereas the Chambers, Studies, and trunks of Mr. Hollis, Sir Arthur Haslerige, Mr. Pym, Mr. Hampden, Mr. Strode, Members of the House of Commons, upon monday, the third of this instant January, by colour of his majesties Warrant, have been sealed up by Sir William Kilegrey, and Sir William Flemen, and others; which is not onely against the privilege of Parliament, but the common Liberty of every subject: which said Members afterwards, the same day, were, under the like colour, by sergeant Frances, one of his majesties Serieants at Arms, contrary to all former presidents and privileges of Parliaments, 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 to the said House, 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 thereof, then sitting, and, according to their duty, in a peaceable and orderly maner, 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. 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 Processes 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, and the Rights of Parliament. Whereupon we are necessitated, according to our duty, to declare, That if any person shall arrest Mr. Hollis, Sir Arthur Haslerige, Mr. Fym, Mr. Hampden, Mr. Strode, or any of them, or any other Member of Parliament, by pretence or colour of any Warrant, issuing out from the King onely, is guilty of the breach of the Liberties of the subject, and of the privilege of Parliament, and a public enemy to the Common-wealth. And that the arresting of the said Members, or any of them, or of any other Member of Parliament, by any Warrant whatsoever, without a 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 Parliament, is declared a public enemy of the Common-wealth.  
Notwithstanding all which, we think fit further to declare, That we are so far from any endeavour to protect any of our Members, that shall be in due manner prosecuted according to the Laws of the Kingdom, and the rights and privileges of Parliament, for Treason, or any other misdemeanour, That none shall be more ready and willing than we ourselves, to bring them to their speedy and due trial; being sensible that it equally imports us, as well to see iustice done against them that are criminous, as to defend the Rights and Liberties of the subiects Parliament of England.   

Die Lunae, 3 Januar. 1641.  
IT is this day ordered upon the question, by the Commons House of Parliament, That if any persons whatsoever, shall come to the Lodgings of any Member of this House, and there do offer to seal the Trunks, Doors, or Papers of any Members of this House, or to 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 guard of defence, and to make resistance, according to the Protestation taken, to defend the privileges of Parliament.  
H. elsing, clear. Parl. D. come.   
FINIS.