THE LORDS & COMMONS first Love to, Zeal for, and earnest Vindication of their injuriously accused and impeached Members, and violated Privileges.  
Manifested by their own printed Declarations, Petitions, Votes, in the case of the Lord Kimbolton, Mr. Denzill Holles, and some other Members, impeached by the King's ATORNIE, Mr. HERBERT, (by the Kings own special command) of High TREASON, in january 1641.  
With a Parallel of Cromwell's Plot, in bringing the Army to London, with HENRY JERMINS and PERCYES.  
And a brief recital of two ancient judgements in former Parliaments; proving, that it is no less than Treason, for any to impeach Lords and Members of Treason, for any thing acted by them, in, or by Authority of Parliament; and that the Lords and Commons in this Parliament have, in effect, voted and declared as much.  
Humbly submitted to the consideration of both Houses, and of all such who by their Covenant, and Protestation are obliged to defend the Privileges of Parliament; and bring the Infringers of them and malicious false impeachers of their Members to condign punishment.  Rev. 2. 4. 5. 
Nevertheless, I have somewhat against thee, because thou hast left thy firstlove 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.  
London, Printed Anno Dom. 1647.   


* An exact Collection of all Remonstrances, etc. p. 38. etc.  A DECLARATION Of the House of Commons, touching a late breach of their Privileges: And for the Vindication there of: And of divers Members of the said House.  
WHEREAS the Chambers, Studies, and Trunks of Mr. Denzil Holles, Sir Arthur Haslerigge, Mr. john Pym, Mr. john Hampden, and Mr. William Strode Esquiers, 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 like colour, by Sergeant Francis, one of his Majesty's Sergeants at Arms, contrary to all former precedents, demanded of the Speaker fitting 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 unto the said House, to the great terror and disturbance of the Members then sitting, and according to their duty in a peaceable and orderly Manor, 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 to 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 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, and the Rights of Parliament; whereupon we are necessitated, according to our duty, to declare; And we do hereby declare, that if any person shall arrest Master Holles, Sir Arthur Haslerig, Mr Pym, Mr. Hampden, and Mr. Stroud, or any of them or any other Member of Parliament, by pretence or colour of any warrant issuing out from the King only, he 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 the Privilege of Parl. And the person which shall arrest any of these persons or any other Member of the Parliament, is declared a 
* What then are those Officers and soldiers in the Army, who have arrested, and stayed sundry Members, (as Mr. nichols, Col. Birch. Sr. Samuel Luke, etc.) impeached, imprisoned & driven away others, & menaced all o●… rest that remained in the House, in the Speakers absence in the Army.  public enemy of the Commonwealth. Notwithstanding all which, we think fit, farther to declare, that we are so fare from any endeavours 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 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 Subjects and Parliament of England.  
And whereas, upon several examinations taken the 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 about five hundred came with his Majesty on Tuesday last to the said house of Commons, armed with Swords, Pistols and other Weapons, and divers of them pressed to the door of the said house, thrust away the doorkeepers, and placed themselves between the said door and the ordinary Attendance of his Majesty, holding up their swords, and some of them holding up their Pistols ready cocked near the said door; and saying, I am a good markes-man, 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 no question, but they should make their party good, and that they would maintain their party, and whenseveral of the Members of the house of Commons were coming into the House, their attendants desiring 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 a do is here with the house of Commons; And some of the said Soldiers did likewise 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 House, for whom they came, were not there, and others 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, & 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 themembers of the said house, and if they should have found opposition or denial, then to have fall'n upon the said 
* Was not the Army's impeachment of the Members and march to London for the same purpose & design alike traitorous.  house in a hostile manner, And we do hereby declare that the same was a traitorous design against the King and Parliament.  
And where as the said Mr. Holles, Sir Arthur Haslerigge, 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, 
* As the ●i & other impeached Members did since.  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 printed paper 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 
* Did not the Army & their Agents print the same of the xi impeached Members who desented themselves to please them  through the conscience of their own guilt, they were absent and fled, not willing to submit themselves to justice. We do further declare, 
* So are their Papers against the xi. Members too  that the said paper 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 
* So ought all the impeached Members and others suspended and exempted against by the Army's means.  may and aught to attend the service of the said house of Commons, and the several Committees 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 privilege of the Parliament.  
And we do further declare, that the publishing of several Articles purporting a form of a Charge of high Treason against the Lord Kimbolton, one of the Members of the Lords house, and against the said Mr. Holles, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, by Sir William Killigrew, Sir William Flemen and others, in the Inns of Court and else where, in the King's name, was a 
* And was not the Armies printing and publishing their general & particular false scandalous Charge against the xi Members, such?  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 sufficiently vindicated, unless his 
* And is it not now as just to ●nquire as much of the General the Council of War & Army, touching those who contrived & published the Charge & impeachment against the xi Members, & pressed their removeall from the House, &c before any proof against them?  Majesty will be graciously pleased to discover the names of those persons, who advised his Majesty to issue out Warrants, for the feeling 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 our several Warrants under his Majesties 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 such manner as is before declared, To the end, that such persons may receive condign punishment.  
And this house doth further declare, that all such persons as have given any Council, or endeavoured to set or maintain division or dislike 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 Conncell, or endeavour, or have persuaded any other so to do, or that shall do any of the things above mentioned: And shall not forthwith discover the same to either house of Parliament; Or the Speaker of either of the said Houses respectively and disclaim it, are 
* In what case then are those Officers & Agitators in the Army who contrived and published their engagements, Charge, & Remonstrauces against the accused Members and others of both Houses?  declared public Enemies of the State and peace of this Kingdom, and shall be enquired of and proceeded against accordingly.  
Die Lunae 17. januarij 1641. It is this day ordered, by the Commons assembled in Parliament, that this Declaration be forthwith published in print.   


* An exact Collection, etc. p. 76.  To the Kings most Excellent Majesty, The humble Petition of the Lords and Commons now Assembled in PARLIAMENT.  
SHOWETH,  
THat your Majesty in answer to their late Petition, touching the proceed against the Lord Kimbolton, Mr. Holles, Sir Arthur Hasterigge, Mr. Pym, Mr. Hampden, and Mr. Strode, Members of the Parliament was pleased to signify: That as your Majesty conceived that you had ground enough to accuse them. So now your Majesty finds as good cause wholly to desert the prosecution of them. Notwithstanding which they remain still under that heavy charge so imputed to them, to the exceeding prejudice not only of 
* And is not this as true of the now impeached Members and Pe●…s?  themselves but also of the whole Parliament.  
And Whereas by the express Laws and Statutes of this your Realm; that is to say, by two Acts of Parliament, the one made in the 37. year and the other in the 38. year of the reign of your most noble progenitor King Edward the 3. If any person whatsoever make suggestion to the King himself of any crime committed by another, the same person ought to be sent with the suggestion before the Chancellor or Keeper of the great seal, Treasurer, and the Great Council, there to find surety to pursue his suggestion; which if he cannot prove, he is to be imprisoned till he hath satisfied the party accused of his damages and slander, and made fine and ransom to the King.  
The said Lords and Commons humbly beseech your Majesty, that not only in point of justice to the said 
* And ought not yourselves to do that right to your impeached Members now, upon their malicious accusers, as you petitioned for the Members then impeached upon the selfsame grounds.  Members in their particulars, but for the vindication of the Rights and Privileges of Parliament; Your Majesty will be pleased to send the person or persons, that in this case made the suggestions or informations to your Majesty against the said Members of Parliament, together with the said suggestions or informations, to your Parliament. That so such good fruits of the said good Laws may be had as was intended by them, and the Rights and Privileges of Parliament may be vindicated▪ which of Right and justice ought not to be denied.   


* An exact Collection. p. 295 l 200. 201. etc.  The Declaration or Remonstrance of the Lords and Commons in Parliament assembled. May 19 1642.  
THe Infinite mercy and providence of the Almighty God hath been abundantly manifested since the beginning of this Parliament, in great variety of protections and blessings, whereby he hath not only delivered us from many wicked plots▪ and designs, which if they had taken effect would have brought ruin, and destruction upon this Kingdom: but out of those attempts hath produced divers evident and remarkable advantages to the furtherance of those services, which we have been desirous to perform to our Sovereign Lord the King, and to this Church and State, in providing for the public peace and prosperity of his Majesty, and all his Realms, which in the presence of the same allseeing deity, we protest to have been, and still to be the only end of all our counsels and endeavours, wherein we have resolved to continue, freed, and enlarged from 
* Can all Members make this Protestation now, without perjury or hypocrisy?  all private aims, personal respects or passions whatsoever  
In which resolution we are nothing discouraged, although the heads of the Malignant party disappointed of that prey, the Religion and Liberty of this Kingdom which they were ready to self upon and devour before the beginning of this Parliament, have still persisted by new practices both of force and subtlety, to recover the same again. For which purpose; they have made several 
* The very Plot of Cromwell, Ireton, & their Confederates since, who tread in these Malignants steps & have actually executed, what they only designed.  attempts for the bringing up of the Army: they afterwards projected the false accusation of the Lord Kimbolton, and the five Members of the house of Commons, which being in itself of an odious nature, they yet so fare prevailed with his Majesty, as to procure him to take it on himself▪ but when the unchangeable duty and faithfulness of the Parliament could not be wrought upon by such a fact as that; to withdraw any part of their reverence and obedience from his Majesty, they have with much art and industry advised his Majesty, to suffer divers unjust 
* Have not the Army & Agitators in their Remonstrances Declarations, & other printed Papers done the like, for a like design, or worse?  scandals and imputations upon the Parliament to be published in his name, whereby they might make it odious to the people, and by their help to destroy that, which hitherto hath been the only means of their preservation, etc.  
The accusation of the Lord Kimbolton, and the five Members of the house of Commons, is called 
* And were not the late impeachments of the 11 Members and 7 Peers such, far above any satisfaction yet given them by their Accusers?  a breach of Privilege, and truly so it was, and a very high one; far above any satisfaction that hath been yet given. How can it be said to be largely satisfied, so long as his Majesty laboured, to preserve Mr. Attorney from punishment; Who was the visible Actor in it? so long as his Majesty hath not only justified him, but by his Letter declared, that it was his duty to accuse them, and, that he would have punished him, if he had not done it? So long as those Members have not the 
* The case of those now impeached  means of clearing their innocence? And the Authors of that malicious charge undiscovered, though both houses of Parliament have several times petitioned his Majesty to discover them. And that not only upon grounds of Common justice, but by act of Parliament, His Majesty is bound to do it? So long as the King refuseth to pass a bill for their discharge; Aleadging, that the narrative in that Bill is against his honour, whereby he seems still to avow the matter of that false accusation though he deserts the prosecution, offering to pass a bill for their acquittal, yet with intimation, that they 
* And must the now impeached Lords & Commons do so to, as their false Acusers would have them?  must desert the avowing their own innocence, which would more wound them in honour, then secure them in Law.  
And in Vindication of this great privilege of Parliament, we do not know that we have invaded any privilege belonging to his Majesty as is aleadged in this Declaration.  
But we look not upon this only in the Notion, of a breach of privilege, which might be, though the accusation were true, or false, but under the notion of a heinous crime in the Attorney, and all other Subjects, who had a hand in it. A 
* Is not this the Council ●● Wars & the Army's crime, 〈◊〉 impeaching 〈◊〉 present in●…ent Lords, Commons, and Citizens of Treason, in the ●… of the high ●… Indicatory? 〈◊〉 shall it go unpunished & ●…y unrecompensed and unsighted?  crime against the Law of nature, against the rules of 
* Much les Sir Thomas Fair●… and his Council in the army.  justice, that innocent men should be charged with so great an offence as Treason, in the face of the highest judicatory of the Kingdom, whereby their lives, and estates, their blood, and honour, are endangered without witness, without evidence, without all possibility of reparation in a Legal course: yet a crime of such a nature, that his 
* Much less than an whole army.  Majesty's command can no more warrant, than it can any other Act of injustice. It is true that those things which are evil in their own nature, such as is false testimony, or false accusation cannot be the Subject of any command, or induce any obligation of obedience upon any man, by any authority whatsoever: therefore the Attorney in this case was bound to refuse to execute such a command, unless he had some such evidence or testimony as might have warranted him against the parties, and be liable to make satisfaction if it should prove false: and it is sufficiently known to every man, and adjudged in Parliament, that the 
* Be sure then to give the impeached Members of both houses now, very good satisfaction against their malicious accusers to ●re●…nt the danger ●…mated.  King can be neither the Relator, informer nor witness. If it rest as it is without further satisfaction, no future Parliament can be safe, But that the Members may be taken and destroyed at pleasure, yea the very principles of Government and justice will be in danger to be dissolved.  
The Occasion of this Declaration and Remonstrance of both Houses, was the treasonable Plot of Henry Jermin, Peircy, Goaring, and others related in and annexed to it: which they thus express, * That by their instruments and agents they attempted to disaffect and discontent his Majesty's Army (in the North) to engage for the maintenance of their wicked and traitorous designs, 
Exact collection p. 18. 210. 211. 219. 217. 218. 221. 222 228.  the keeping up Bishops in votes and functions; and by force To COMPEL THE PARLIAMENT, to order, limit, and dispose their proceed in such manner as might best concur with the intentions of their dangerous and potent faction. To which end they concluded, that the Army should keep together and not disband till all their arrears were paid: That they should petition the Parliament for money, there being so great arrears due unto them, & so much delays made for the procuring of them. That they should likewise send up a Declaration to the Parliament of these particulars, That nothing should be done in Parliament, contrary to any former act of Parliament. That Bishops should be maintained in their Votes and functions, And the King's Revenue be established. That they should bring up the Army to London, against the Parliament and City, for that the Army heard of great tumults about London; (& therefore offered themselves to serve the King and Parliament (in a Petition drawn to that purpose) with the last drop of their bloods: and by this pretence of guarding the Parliament and City upon this noise of Tumults in London, to compel the Houses to Order things according to their desires, and to secure the Tower of London, and Portsmouth, and impeach the leading Members that should oppose them; which last was put in execution, against some Members, as is before related.  
Whether Cromwell and his Confederates, have not punctually pursued their traitorous designs, and far outstripped them in all these particulars, by engaging this Army of late upon the same grounds & pretences to do the very same and much more in reality, which that Army than was only designed to do intentionaly; let the impartial reader judge, ●● who are the greatest Traitor and Conspirators of the two against the Parl. Kingdom, and King too (whom they have forcibly plundered out of both houses possession, from whom they still detain him, and recruit and keep the Army together, near the City, to give laws to Parliament, City, King and Kingdom, to impeach, imprison, suspend and expel the Members of both houses who dare oppose them, at their pleasure; and enforce them to vote and unvote what their Grand Council of the Army and Agitators shall prescribe them) let the Houses, City, and Kingdom determine. Certainly their late intimacy and correspondency with Ashburuham, and Capt. Legg, who had a great hand in this Conspiracy and Treason, of bringing up the Northern Army to London upon these pretences, against the Parliament, and City who adheered to them; makes intelligent men shrewdly suspect, they had a finger in bringing up the Army of late to London, upon the like pretences of tumults there▪ who have been more unreasonable and treasonable in their Remonstrances, Petitions, Demands to, & Actions against the houses, and Members than the Northern Army: ex Cauda Draconem.  
What crime it is for any to accuse Members of Parliament of Treason for acting or voting any thing in Parliament, or by the Parliaments authority or command, will evidently appear by the resolutions of two ancient Parliaments.  
In the 10. year of King Richard the 2. the Parliament by a 
* ●… c. R. 2. c. 1. ● R. 2. c. 1. 2. 3.  special Act and Commission, put the government of the Kingdom, and Kings Revenues into the hands of certain Lords, by reason of the King's misgovernment: Whereupon the King soon after that Parliament ended, called his Judges, and Counsel at Law to Nottingham Castle to demand their opinions concerning this act and Commission and the procurers thereof in Parliament; and concerning some proceed in Parliament: to which they returned their Answer, thus expressed in the Statute of 21. R. 2. c. 12.  
Memorandum that the 25. day of the month of August the 11th. year of the Reign of King Richard the second, at the Castle of Nottingham, before our said Sovereign Lord the King, Rob. Tresilyan chieif Justice, Rob. Belknap, chief justice of the common Bench, Io. Halt, Rog. Fulthrop, & Will, Burgh, Kts. fellows of the said Rob. Belch. & Io. Locton one of the King's Serj. at Law, being personally required in the presence of the Lords & other witnesses under written, by our said Sovereign L. the King in the faith & Legiance by which they be firmly bounden to the said King, that they should truly answer to certain questions under written, and before them recited, and upon the sameby their discretions to say the law.  
First it was enquired of them? Quest. 1 whether that the same new Statute and Ordinance, and the Commission made in the last 
* 10. Ri. 2. c. 1.  Answ. Parliament holden at Westm be hurtful to the King's Royal prerogative?  
Whereunto all of one mind answered, that they be hurtful, Quest. 2 and specially because they were against the Kings will. Item it was enquired of them, how they ought to be punished, which procured the said Statute, Ordinance, and Commission to be made?  
Whereunto with one assent they answered, Answ. how they ought to be punished by the capital pain, that is to say, of death, unless the King in this party of his grace will pardon them.  
Item, Quest. 3 it was enquired, how they ought to be punished which excited the said King to consent to the making of the said statute, Ordinance, and Commission?  
Where unto of one mind they said, Answ. 3 that unless the King would give them his pardon, they ought to be punished by the capital pain.  
Item, Quest. 4 it was enquired of them, what pain they deserved, that compelled the King to consent to the making of the said Statute, Ordinance, and Commission?  
Whereunto by one assent they gave answer, Answ. 4 that as Traitors they ought to be punished.  
Item, quest. 5 how they ought to be punished, that did interrupt the King, so that he might not exercise those things that appertaineth to his regality and prerogative?  
Where unto of one assent it was answered, Answ. 5 that they ought to be punished as Traitors.  
Item, quest. 6 it was enquired of them, whether that after that the business of the Realm, and the cause of the Assembly of the Parliament, were by the King Commandment disclosed and declared in the Parliament, and other Articles limited by the King, upon which the Lords and Commons of the Realm ought to proceed in the same Parliament, if the Lords and Commons would in any wise proceed upon other Articles, and in no wise upon the Articles limited by the King, till the King had answered to the Articles expressed by them: Notwithstanding that they were by the King enjoined to the contrary: Whether the King in this case ought to have the rule of the Parliament, and indeed to rule, to the intent, that upon the Articles limited by the King, they ought first to proceed or not, before they proceed any further?  
To this question of one mind they answered; Answ. 6 That the King in this party should have the rule, and so in order one after another in all other Articles touching the Parliament until the end of the Parliament; And if any do contrary to this rule of the King, he ought to be punished as a Traitor.  
Item whether the King when soever it pleaseth him, quest 7 might dissolve the Parliamenr, and command his Lords and Commons to departed from thence or not?  
Whereunto it was of one mind answered, that he may. And if any would proceed in the Parliament against the King will, answer. 7 he is to be punished as a Traitor.  
Item it was enquired. quest. 8 since that the King whensoever himself pleased might remove his Officers or justices, and to justify and punish them for their offences, Whether the Lords and Commons might without the Kings will, impeach the same Officers and justices upon their offences in the Parliament or not?  
To which question it was by one mind answered, that they might not, answ. 8 And he that doth contrary is to be punished as a Traitor.  
Item it was enquired how he is to be punished that moved in the Parliament, quest. 9 that the statute should be sent for whereby Edward the Son of King Edward Great Grandfather to the King that now is, was another time indicted in the Parliament, by the inspection of which statute, the said new statute or Ordinances, and Commission were conceived in the Parliament?  
To which question, answ. 9 of one accord they answered, that as well he that so moved, as the other which by force of the same motion brought the said Statute into the Parliament House, be as Criminous and traitorous worthy to be punished.  
Item it was enquired of them, quest. 10 whether the judgement given in our Parliament holden at Westminster against the Earl of Suffolk were erroneous and revocable or not?  
To which question of one assent they said, answ. 10 that if the same judgement were now to be given, the same justices and Sergeants aforesaid would not give the same, because it seemed to them that the same judgement is revocable as erroneous in every part.  
In witness whereof the justices and Sergeant aforesaid to this present have set their seals, These men being Witnesses, the Reverend Fathers, The Lords, Alexander Arch Bishop of York, Robert Archbishop of Dublin, john Bishop of Darham, Thomas Bishop of Chester, john Bishop of Bangore; Robert Duke of Ireland, Mighell Earl of Suffelk, john Ryppon Clerk, and john Blake. Dated the day, place, month and year aforesaid.  
For this opinion of theirs; That the Lords procuring of this Commission, Statute, and Ordinance in Parliament was Treason, and, That the, Members in Parliament might be guilty of Treason, for their free votes and proceed in Parliament; or acting any thing by the Parliaments authority and command in the cases propounded to them, they were all the very next Parliament 11. R. 2, accused of Treason, impeached as Traitors and Enemies to the King and Realms, forejudged of their lives, and judgement given against them of forfeiture of all their Lands, teneements, goods and Chattels, as the statutes of 11. R. 2. c. 1. 2. 3. 4. 5. 21, R. 2. c. 12. & our Historians in 11. R. a. record. Trysilian was drawn to Tyburn, and there executed others were perpetually banished: Belknap himself confessed, and said, 
* Speeds Hist p. 747●  There wanted but a hurdle a horse. and a halter to carry him where he might suffer the death he deserved: for if I had not done this I should have died for it, and because I have done it, I Deserve Death for Betraving the Lords. This judgement being reversed by the King's power in the forced Parliament of 21. R. 2. c 12. it was in the next Parliament of 1. H. 4. c. 3. 4. affirmed and confirmed, as given for the great Honour, and common profit of the Realm. So as these two Parliaments have resolved, that to accuse Lords and Members of Parliament, of treason for votes, Ordinances, and proceed of Parliament, or for acting in or by Authority of Parl, is no less than Treason, and that such accusers and impeachers (especially if Judges and Lawyers) are Traitors and Enemies both to King; and Kingdom, undermining the Freedom; Privileges, and Foundation of all Parliaments, where no Members can set or speak freely and securely without endangering their heads and, states, nor any act securly under their Ordinances and Commands if they may be thus impeached and become guilty of high Treason, for what they shall voteand act in Parliament, or by its order and Authority.  
This Precedent, was cited at large and much urged by Mr. Oliver St john his Majesty's Solicitor General, in his speech at a conference of both Houses of Parliament concerning Ship-money, lanu: 1640. printed by the Houses Order pa. 28. etc. where he proves out of the Parliament Rolls. That in this very case, judgement of High Treason was given against 18. several persons: 8. whereof were executed, the rest banished, and their Lands and Goods forfeited; That it was made Felony for any to procure their pardon, and they to be dealt withal as Traitors, if they returned from their banishment.  
That of these 18 persons, all save three were impeached by the Commons. That the sum of their offence and Treason was; Their endeavouring to overthrow 
* NOTE▪  Parliamentary proceed; and conspiracy against the Persons of those Lords, who procured this Commission and Act of Parliament for the good of the Kingdom, with reference to their proceed in Parliament, thereby to overthrow the Commission and Act of Parliament, wherein those Lords had been principal Actors. That the judgements given against them were not huddled up in haste, but given upon long and mature deliberation; being the whole work of that Parliament from Nou. 14. till Febr. 15. following: the Houses spending long time, and taking great pains in examining the evidence the better thereby to satisfy their own conscience and the world: That the Parliament of 21. R. 2. which revoked and made void these judgements, was held by force, 
* And is not this so held since the armies march to London, Guards upon it, & quartering about it?  viris armatis, et sagittarijs immensis, as is declared in the Parliament Roll of 1. H. 4. No. 21. & 22. That this Parliament of Revocation was no free Parliament. And in the Parliament of 1. H. 4. No. 48. these judgements of Revocation are declared to be erronea, iniqua, et omni juri, et rationi repugnantia: erroneous, wicked, and contrary to all right and reason: And in the Parliament of 1. H. 4. in print, these Attaindors are confirmed. So that these judgements of Attaindors have the authority of two Acts of Parliament, both of them of force at this day: though these judges delivered these erroneous opinions against the Lords by violence for 
* If no excuse in these judges, much less in Parliament Members; who now plead it.  fear of death & torture of their Bodies, which was no excuse. So he: How far this Precedent may trench upon any Lawyers now, in relation, to the impeachment of any Lords and Members for what they acted in this present Parliament and by authority and Ordinances of both Houses, let Mr. Solicitor, and the Ho●…es, whom it most concerns, determine.  
Of what crime those are guilty, who out of particular spleen, malice, or to carry on their own private designs have lately mutined and brought up the Army to London, and by its countenance and power most injuriously impeached some faith full Lords and Commons of High Treason, for sitting and voting in Parliament, and acting only in obedience to their Ordinances and Commands, for the Parliaments service and defence, against a rebellion's Army, marching up against the Houses and City in an Hostile manner against the Houses express commands to the contrary? and whether they be not Traitors and Enemies to the Realm in this particular, & as bad or worse than the Gunpowder Traitors, which would have blown up the Members only of one Parliament, where as these endeavour to blow up the foundations of all Parliaments, with their Members and Privileges too at once, let these two ancient Parliaments, and those who are learned in the Laws resolve.  
And certainly this very Parliament, hath oft declared them such and no better in the promised Declarations, and sundry others: and the House of Commons alone in this observable Vote printed by their special Order.   


* An exact Collection, p. 190.  Die Jovis 12 Maii. 1642 Resolved upon the Question.  
THat this House doth declare, that if any person whatsoever shall arrest or imprison the persons of the Lords and Gentlemen, or any of them; or Any other of the Members of either House of Parliament, that shall be employed in the service of both houses of Parliament, or shall offer violence to them, or any of them For being Any thing in pursuance of the Commands or infirmations of both Houses, shall be held Disturbers of the proceed of Parliament, and public Enemies of the State. And that all Persons are bound by their Protestation to endeavour to bring then to condign punishment.  
Much more than are both Houses in Honour and Justice bound to do it, by their Protestation, and much more by their Solemn League and Covenant; wherein they have lifted up their hands to the most High God, and sworn, sincerely, really, and constantly to endeavour with their Estates and lives, mutually to preserve the rights and privileges of Parliaments, and not to suffer themselves directly or indirectly, by Whatsoever combination, persuasion, or terror to be withdrawn from this Covenant; or to give themselves to a detestable indifferency or neutrality in this cause, but all the days of their lives to continue zealously and constantly therein: and to discover all Incendiaries, Malignants, and evil Instruments who act any thing contrary to this League and Covenant, and that they may be brought to public trial, and receive condign punishment, as the degree of their Offiecnces shall deserve, or the supreme judicatory of the Kingdom judge convenient.  
Which clause of the Covenant, it is high time for them, and every truehearted English man, who makes conscience of his Covenant, or bears any love to Parliaments, to remember and put in due execution after so many insufferable violations of the undubitable Rights and Privileges of Parliament, and most injurious, malicious, violent prosecutions, false impeachments, suspentions, & expulsions, of their innocent well deserving Members, for their fidelity and duty to the Houses and their Country; for fear the honour, power and privileges of Parliament be blown up and lost for ever by base unworthy, cowardice, and silence in this common cause, which so greatly concerns our whole Kingdoms present and future welfare, peace and settlement.  
And till the Houses right and vindicate themselves and their Members herein, let them never expect any Honour, blessing, or cordial assistance from God or Men, but to be made the obloquy shame and scorn both of the present and all future Ages, after all their former splendour and renown, now almost totally and finally eclipsed, by what means and degrees themselves best know, whereof their late deserting and betraying of their own innocent worthy Members to the malice of some potent Officers, in the Army (contrary to their former proceed in the case of the Lord Kimbolton, Mr. Hollis, Mr. Pym, and others, which gained them so much honour, love▪ and ready assistance from the City and Kingdom) is not the least.  
Qui Deo et sibi nequam cui bonus? If they shall prove unfaithful to God, their own and the people's souls, in not settling Religion, suppressing Heresies, Errors, Blasphemies, Scisms; or treacherous to their own Privileges, & faithful Presbyterian Members in sacrificing them any longer to the Ambition, and malice of L. G. Crumwell and his Confederates, (ten thousand times 
* See the Putney projectors A Word to Lieut. Gen. Cromwell An: Anatomy of the Army, where this is abundantly proved.  more guilty than they of those very Crimes & Treasons of which they have falsely impeached them, and therefore to be impeached, imprisoned, and cast out of the House and Army rather than they) without restoring them to the Houses and their Liberty, with just and Honourable reparations to the Houses and them, from their malicious Accusers, to prevent the like future attempts upon other eminent Members and Patriots of their Country; neither God, nor men, City, nor Country, Engl. Scotl. nor Ire. (whose affections they have almost quit estranged & lost) will ever trust, believe, honour, or cordially adhere to them any more, but utterly desert and cast them off, as undoers or betrayers of themselves and them: And then what will become of their Honours, the idolised General, Cromwell, and imperious Army; their late compliances with whom in their unjust impeachments, and Demands have almost quite lost all their other best affected friends, and brought them into that low, contemptible, and almost desperate condition, of which they now complain. Repent therefore instantly of all your late dishonourable failings in this kind, or any other; and do your first work▪ to regain the discontented Members, Citizens, and Kingdom's hearts, and preserve yourselves and them from approaching utter ruin. And remember the Apostles caveat, Gal. 5. 1 ●, 15, for all the Law is fullfilled in one word, even in this, Thou shalt love thy Neighbour as thyself. But if ye by't & devour one another, Take heed that ye be not consumed one of another and made a prey to the Common Enemy; who rejoiceth at your intestine animosities, and divisions, the sad effects whereof our Saviour himself hath peremptorily predicted, Mar. 3. 24. 25. If a Kingdom be divided against itself, that Kingdom cannot stand; And if a House (of Parliament) be divided against itself, that House cannot stand. The Lord give all hearts and wisdom to consider and believe it whom it doth concern, and those especially who have been the Authors and contrivers of the late malicious impeachments, against the Lords, commons, and citizens, which they are unable to make good.  
FINIS.