Mr: PYM His Vindication in Parliament of the Accusation of high Treason, Exhibited against him and the Lord Kimbolton, and the other four Members. AS ALSO The KING'S Majesty's Replication to the Lords and Commons in PARLIAMENT. With a DECLARATION by the Lords and Commons in Parliament. Ordered by the Lords and Commons in Parliament that this Declaration be forthwith Printed and published. H. Elsin. Cler. Parl. D. Com. LONDON: Printed for William Gay, Sept. 10. 1642. Master PYM his Vindication in Parliament, of the Accusation of high Treason, Exhibited against him and the Lord Kimbolton and the other four Members. THese Articles of High Treason, exhibited by his Majesty against me and the other Gentlemen in the accusation charged with the same crime, are of great consequence, and much danger to the State: The Articles in themselves, if proved, are according to the Laws of this Land are High Treason. First, to endeavour to subvert the Fundamental Laws of the Land is by this present Parliament in the Earl of Strafords' case adjunged High Treason. Secondly, to endeavour to introduce into this Kingdom an arbitrary and tyrannical form of Government, is likewise Voted High Treason. Thirdly, to raise an Army to compel the Parliament to make and Enact Laws, without their free Votes, and willing proceed in the same, is High Treason. Fourthly, to invite a foreign force to invade this Land, to favour our designs agitated against the King and State, is High Treason. Fifthly, to animate and encourage riotous assemblies and tumults about the Parliament to compel the K. to assent to the votes of the House is Treason. Sixtly, to cast aspersions upon His Majesty and His Government, to alienate the affections of His people, and to make His Majesty odious unto them is Treason. Seventhly, to endeavour to draw his Majesty's Army into disobedience, and to side with us, in our designs if against the King, is Treason. I desire Mr. Speaker, the favour of this House to clear myself, concerning this Charge, I shall only parallel and fimilize my actions since the sitting of this Parliament with these Articles. First, Mr. Speaker, if to Vote with the Parliament, as a Member of the House wherein a●● our Votes ought to be free: it being one of the greatest privileges thereof to ha●● our debates, disputes, and arguments in the same unquestionable, be to endeavour to subvert the Fundamental Laws, then am I guilty of the first Article. Secondly, if to agree and consent with the whole State of the Kingdom by Vote to ordain and make Laws for the good government of his Majesty's Subjects in peace and dutiful obedience to their lawful Sovereign be to introduce an Arbitrary and tyrannical form of government in the State, than I am guilty of this Article. Thirdly, If to consent by Vote with the Parliament, to raise a Guard or Train-band to secure and defend the persons or the Members thereof, being environed and beset with many dangers in the absence of the King, and by Vote with the House, in willing obedience to the Royal command of his sacred Majesty, at his return, be actually to levy Arms against the King; then am I guilty of this Article. Fourthly, if to join with the Parliament by free Vote to crave brotherly assistance from Scotland, Kingdoms both under obedience to one Sovereign, both his loyal and dutiful Subjects, to suppress the Rebels in Ireland, which lies gasping every day in danger to be lost from his Majewies subjection, be to invite and encourage a foreign power to invade this Kingdom; then am I guilty of high Treason. Fiftly, if to agree with the greatest and wisest Council of State, to suppress unlawful tumults and riotous assemblies, to agree with the House by Vote to all Orders, Edicts, and Declarations for their repeling, be to raise and countenance them in their unlawful actions, then am I guilty of this Article. Sixtly, if by free vote to join with the Parliament in publishing of a Remonstrance, in setting forth Declarations against Delinquents, in the State against Incendiaries between his Majesty's Kingdom, against ill Councillors which labour to avert his Majesty's affection from Parliaments, against those ill-affected Bishops that have innovated our Religion, oppressing Painful, learned and godly Ministers with vexatious suits and molestations in their unjust Courts, by cruel sentences of pillory, and cutting off their ears, great fines, banishment, and perpetual imprisonment, if this Mr. Speaker be to cast aspersions upon his Majesty and his government, and to alienate the hearts of his loyal Subjects good protestants, and well affected in religion, from their due obedience to his royal Majesty, then am I guilty of this Article. Seventhly, if to consent by vote with the Parliament to put forth proclamations, to send declarations to his Majesty's army, to animate and encourage the same to his Loyal obedience, to give so many Subsidies, raised so many great sums of money willingly for their keeping on foot to serve his Majesty upon his Royal command on any occasion, to apprehend and attach as delinquents, such persons in the same as are disaffected both to his sacred Person, his Crown and dignity, to his wise and great Council of Parliament, to the true and Orthodox doctrine of the Church of England, and the true Religion grounded on the doctrine of Christ himself, and established and confirmed by many Acts of Parliament in the reign of H. 8. E. 6. Queen Eliz. and King james of blessed memory, if this Mr. Speaker be to draw his Majesty's Army into disobedience, and to side with us in our designs, than I am guilty of this Article. Now Mr. Speaker, having given you a touch concerning these Articles, comparing them with my Actions, ever since I have had the ho●or to sit in this House as a Member ●hereof: I humbly crave your consideration, and judgement of them, not doubting they being weighed in the even scales of your wisdoms, I shall be found innocent and clear from these crimes laid to my charge. Mr. Speaker, I humbly crave your further patience to speak somewhat concerning the ehxibiting of this Charge; which is to propose to your Consideration these propositions, viz. First, whether to exhibit Article of high treason by his Majesties own hands in this House agrees with the rights and privileges thereof. Secondly, whether for a guard armed to come into the Parliament to accuse any of the Members thereof, be not a breach of the privilege of Parliament. Thirdly, whether any of the Members of Parliament being so accused may be committed upon such accusation, without the whole consent thereof. Fourthly, whether a Parliament hath not privilege to bail any member so accused. Fiftly, whether if any of the Members of a Parliament so charged, and by the House discharged without release from his Majesty may still sit in the House as Members of the same. And thus Mr. Speaker, I humbly crave pardon for my presumption in so far troubling this Honourable House, desiring their favourable consideration of all my actions, and that I may have such trial as to this wise Council shall seem meet, cheerfully submitting myself and actions to the righteous judgement of the same. The KING'S Majesty's Replication to the Lords and Commons in Parliament. WE will not repeat what means We have used to prevent the dangerous and distacted estate of the Kingdom, nor how those means have been interpreted, because being desirous to avoid effusion of blood, we are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted. We never did Declare, nor ever intended to Declare both Our Houses of Parliament Traitors, or set up Our Standard against them, and much less to put them and this Kingdom out of Our Protection: We utterly profess against it before God and the World. And further to remove all Scruples which may hinder the Treaty so much desired of Us; We hereby Promise, so that a day be appointed by you for the revoking of your Declarations against all Persons as Traitors or otherwise, for assisting of Us, We shall with all cheerfulness upon the same day recall Our Proclamations and Declarations, and take down our Standard: In which Treaty, We shall be ready to grant any thing that shall be really for the good of Our Subjects; Conjuring you to consider the bleeding condition of Ireland, and the dangerous condition of England, in as high a degree as by these Our offers We have declared Ourself to do: And assuring you that Our chief desire in this world is to beget a good understanding and mutual confidence betwixt Us and Our two Houses of Parliament. A Declaration of the LORDS and Commons in Parliament. WHereas His Majesty in a Message, received the fifth of September, requires that the Parliament would revoke their Declarations against such persons as have assisted His Majesty in this unnatural War against His Kingdom. It is this day ordered and Declared by the Lords & Commons, That the Arms which they have been and shall be forced to take up for the preservation of the Parliament, Religion, the Laws and Liberties of the Kingdom, shall not be laid down, until His Majesty shall withdraw His Protection from such persons as have been Voted by both Houses to be Delinquents, or that shall by both Houses be Voted to be Delinquents, and shall leave them to the Justice of the Parliament, to be proceeded with, according to their demerits; to the end that both this, and succeeding Generations may take warning with what danger they incur the like heinous crimes, and also to the end that those great charges and damages wherewithal the Commonwealth hath been burdened in the Premises, since His Majesty's departure from the Parliament, may be born by the Delinquents, and other malignant and dis-affected persons: And that all His Majesty's good and well affected Subjects, who by Loan of Monies, or otherwise at their charge have assisted the Commonwealth, or shall in like manner hereafter assist the Commonwealth, in time of extreme danger, may be repaid all Sums of Money by them lent for those purposes, and be satisfied their charges so sustained, out of the Estates of the said Delinquents, and of the malignant and disaffected party in this Kingdom. Ordered by the Lords and Commons in Parliament that this Declaration, be forthwith printed and published. H. Elsinge, Cler. Parl. D. Com. FINIS.