A DECLARATION Of The LORDS and COMMONS Assembled in PARLIAMENT, With their Resolution.
That if Captaine Catesby, Captaine Lilborne, Captaine Vivers, or any others, which are or shall be taken Prisoners, by his Majesties Army, shall be put to death, or any other hurt or Violence offered to their Persons, for their faithfull endeavours in the Parliaments service, the like punishment shall be inflicted by death, or otherwise, upon such Prisoners, as have bin or shall bee taken by the forces raised by authority of both Houses of Parliament.
Also that if Judge Heath, or any other Minister of lustice shall doe contrary to this Ordinance, they for so doing shall be proceeded against, and dealt with, as enemies to the King and Kingdome.
ORdered by the Lords and Commons Assembled in Parliaments, that this Declaration be forthwith Pr [...]ed and published.
Decemb. 19. Printed for John Wright in the Old-Bailey. 1642.
A DECLARATION Of the LORDS and COMMONS Assembled in PARLIAMENT.
WHereas Information hath bin given to the Lords and Commons assembled in Parliament, That Clifton Catesby, John Lilborne, and Robert Vivers, Captaines in the Army, raised by Authority of [Page] both Houses of Parliament, for the necessary defence of the true Protestant Religion, the King, parliamen, and Kingdome, under the Command of Robert Earle of Essex, Captaine Gene rall thereof, were taken prisoners by the Forces raised against the parliament, in executing their severall duties and services, according to the Ordinances of both the said Houses, and after carried prisoners to Oxford Coale, and having beene most Barbarously used, are now questioned and proceeded against by way of Indictment, before Sir Robert Heath Knight, one of His Majesties Justices of the Kings Bench, and others (by colour of some Commission [Page] or other Authority from His Majestie) for high Treason and other supposed Misdemeanors, whereas many have beene taken prisoners by the Parliament Forces, in the Act of Warre against the parliament, which by the Lawes and Statutes of this Realme is Rebellion and high Treason against the King and Kingdome, and the Actors therein Traytors, and yet none of them hath hitherto beene 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 proceedings against the said Captaine Catesby, [Page] Captaine Lilborne, and Captaine Vivers, or against Captaine Wingate, who have done faithfull and good service to the Common. Wealth, or against any other person or persons who have done or shall doe service in the said Army, or for the Raysing of any Money, plate, Horse, or Armes, for the maintenance therof, or otherwise in Execution of, or pursuance of any Order or Ordinance of both or either of the said Houses of parliament, for the defence of the publique safetie, are injust and illegall; and the said Sir Robert Heath, and all other Commissioners, Iustices, Sheriffs, Iurors, and other Officers and Ministers of Iustice, and [Page] other persons whatsoever, are hereby required and injoyned, to surcease any further proceeding 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 doe further declare, that if the said persons before named, 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 [Page] 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, Iustice, Sheriffe, Juror, or other Officer, or Minister of justice, or other person shall doe contrary to this Ordinance in any the premises, they and every of them for so doing, shall be proceeded against, and dealtwith, as Enemies to the King and Kingdome.