A Declaration of the house of Commons touching the breach of their Priviledges, and for the vindication thereof, and of divers members of the said house, &c.
Wherein is likewise contayned,
- First, A remonstrance of the present State of divers things in, and about, the City of London, Westminster and Parliament-house, since the King and Queenes departure from White-hall to Hampton Court.
- 2. The examination of his Majesties Attourny Generall by the House of Commons, about the Articles against the sixe Parliament men; with his answere to every particular.
- 3. Seaven articles of high Treason against Coronell Lunsford: Together with an order of both Houses for the speedy apprehension of the Lord Digby, and the aforesaid Lunsford, for raising armes and forces neere Kingston upon Thames, to the terror of his Majesties subjects.
- 4. The wonderfull deliverance of foure honourable Peeres of this Land, which should have bin poisoned at a Supper, by a French Cooke.
- 5. The votes of both Houses of Parliament against those eleven Bishops which were accused of high Treason, &c.
- 6. The advice sent from his Majesties Commissioners in Scotland, to both the honourable houses of Parliament in England, Ianuary the 15. 1641. for composing the present differences and late distractions in this Kingdome, &c.
- 7. The Sea-mens Protestation.
- Lastly, how two Boats laden with great Saddles to bee carried downe unto Kingston, were staid, and those that should have transported them, examined by the Parliament. Also how that Coronell Lunsford was taken at Sir Iohn Thorowgoods house neere Windsor, in the County of Berks,
Published this 19. of Ianuary. 1641.
London Printed for Fr. Coules, and T. Bankes. 1641.
A Declaration of the House of Commons, touching a late Breach of their Priviledges; and for the Vindication thereof, and of divers Members of the said House.
WHereas the Chambers, Studies, and Trunkes, of Master Denzill Hollis, Sir Arthur Haslerigg, Master Iohn Pym, Master John Hampden, and Master William Strode Esquires, Members of the House of Commons, upon Munday the 3. of this instant Ianuary, by colour of His Majesties Warrant have bin sealed up by Sir William Killigrew, and Sir William Flemen, and others, which is not onely against the Priviledge of Parliament, but the Common Liberty of every Subject: Which said Members afterwards, the same day were under the like colour, by Serjeant Francis, one of His Majesties Serjeants at Armes, contrary to all former Presidents 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 Royall Person came to the said House attended with a great multitude of men armed in warlike manner, with Halberts, Swords, and Pistolls, who came up to the very doore of the House, and placed themselves there, and in other places, and passages neere to the said House, to the great terrour and disturbance of the Members then sitting; and according to their duty in a peaceable, and orderly manner, treating of the great affaires of England, and Ireland. And his Majesty having placed himselfe in the Speakers Chaire, demanded of them the Persons of the said Members to be delivered unto him, which is a high Breach of the Rights and Priviledges of Parliament and Inconsistent with the Liberties and Freedome thereof. And whereas afterwards his Majesty did issue forth severall Warrants to divers Officers under his owne hand, for the apprehension of the Persons of the said Members, which by Law hee cannot doe; there being not all this time, any Legall charge or accusation or due Processe of Law issued against them, nor any pretence of charge made knowne to that House; all which are against the Fundamentall Liberties of the Subject, and the Rights of Parliament. Whereupon we are necessitated, according to our duty to declare? And We doe hereby declare that if any Person shall Arrest [Page 3]M. Hollis, Sir Arthur Haslerigg, M. Pym, M. Hampden, and M. 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 Priviledges of Parliament, and a publibke 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 legall Proceeding against them, and without consent of that House, whereof such such Person is a Member, is against the liberty of the Subject, and a Breach of Priviledge of Parliament; And the Person which shall Arrest any of these Persons, or any Member of the Parliament, is declared a publike enemy of the Common-wealth. Notwithstanding all which we thinke fit, further to declare that we are so far from any endeavours to protect any of our Members, that shall bee in due manner prosecuted according to the Lawes of the Kingdome, and the Rights and Priviledges of Parliament for Treason, or any other misdemeanours, That none shall bee more ready and willing then we our selves, to bring them to a speedy, and due tryall, being sensible that it equally imports us, as well to see Justice done against them that are Criminous, as to defend the Rights and Liberties of the Subjects, and Parliament of England.
And whereas upon severall examinations taken the 7. day of this instant Ianuary, before the Committee appointed by the House of Commons of sit in London, it did fully appeare, that many souldiers, Papists, and others, to the number of about 500. came with his Majesty on Tuesday last, to the said House of Commons, armed with Swords, Pistolls, and other Weapons; and divers of them pressed to the doore of the said House, thrust away the doore Keepers, and placed themselves, betweene the said doore and the ordinary attendants of his Majesty; holding up their Swords, and some holding up their Pistolls ready cock'd neere the said doore; and saying, I am a good Marksman, I can hit right I warrant you, and they not suffering the said door, according to the custome of Parliament to be shut, but said they would have the doore open, and if any opposition were against them, they made no question, but they should make their party good, and that they would maintaine their party; and when severall Members of the House of Commons were comming into the House, their attendants desiring that Roome might be made for them, some of the said Souldiers 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 doe is here with the house of Commons; and some of the said Souldiers did likewise violently assault, and by force disarme some of the Attendants, and servants of the Members of the house of Commons, waiting in the Roome next the said house, and upon the Kings returne out of the said [Page 4]house, many of them by wicked Oathes, and otherwise, expressed much discontent, that some Members of the said House, for whom they came were not there, and others of them said, when comes the word, and no word being given at his Majesties comming out, they cryed a Lane, a Lane; afterwards some of them being demanded, what they thought the said company intended to have done, answered, That questionlesse in the posture they were set if the word had beene given, they should have fallen upon the House of Commons, and have cut all their throates. Upon all which we are of opinion, that it is sufficiently proved, that the comming of the said Souldiers, Papists, and others with his Majesty to the House of Commons on Tuesday last, being the fourth of this instant Ianuary, in the manner aforesaid, was to take away some of the Members of the said house; and if they should have found opposition, or deniall, then to have fallen upon the said house in a hostile manner, And wee doe hereby declare that the same was a traiterous designe against the King and Parliament. And whereas the said Master Hollis, Sir Arthur Hasterigg, Master Pym, M. Hampden, and M. Strode, upon report of the comming of the said Souldiers, Papists, and other in the warlike and hostile manner, aforesaid, did with the approbation of the house absent themselves from the service of the house, for avoiding the great, and many inconveniences, which otherwise apparantly might have happened: Since which time a printed paper in the forme of a Proclamation, bearing date the sixth day of this instant Ianuary, hath issued out for the apprehending, and imprisoning of them, Therein suggesting that through the conscience of their owne guilt, they were absent and fled not willing to submit themselves to Justice; Wee doe further declare that the said printed paper is false, scandalous and illegall, 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 may and ought to attend the service of the said house of Commons, and the severall Committees now on foot. And that it is lawfull 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 priviledge of Parliament.
And we doe further declare, That the publishing of severall Articles purporting a forme of a charge of high Treason against the L. Kimbolton, one of the Members of the Lords house, and against the said M. Hollis. Sir Arthur Hasterigg, M. Pym. M. Hampden, and M. Strode, by Sir William Killigrew, Sir William Flemen, and others in the Innes of Court, and elsewhere in the Kings Name, was a high Breach of the Priviledge of Parliament, a great scandall to his Majesty and his Government: A seditious Act manifestly tending to the subversion of the Peace of the Kingdome, and an injury, & dishonour [Page]to the said Members, there being no legall charge or accusation against them.
That the priviledges of Parliaments, and the liberties of the Subject so violated and broken, cannot be fully and sufficiently vindicated, unlesse his Majesty will be gratiously pleased to discover the names of those persons who advised his Majesty to issue out Warrants, for the seling of the Chambers, and Studies of the said Members, to send a Serjeant at Armes to the house of Commons, to demand their said Members, to issue out severall Warrants under his Majesties owne hand, to apprehend the said members. His Majesties comming thither, in his own Royall 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 condigne punishmnt,
And this house doth further declare, That all such persons as have given any Councell, or endeavoured to set or maintain division or dislike, betweene the King and Parliament, or have listed their names, or otherwise entred into any combination or agreement, to be ayding, or assicting, to any such counsell or endeavour, or have perswaded any other so to doe, or that shall doe any 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 disclaime it, are declared publike enemies of the State and Peace of this Kingdome, and shall be inquired of, and proceeded against accordingly.
Die Lunae 17. Ianuarii 1641. It is this day ordered, By the Commons Assembled in Parliament, that this Declaration shall be forthwith published in print.
The Seamens protestation, &c.
I A. B. Do Protest before Almighty God, to maintayne with my dearest Life and blood, the Protestant Religion as was established in the dayes of Queene Elizabeth; To acknowledge Charles, by the Grace of God, King of Great Brittain, France and Ireland: To stand for the Priviledges of Parliament; utterly from my heart to abhor all Popery and Popish innovations. So help me God.
The votes of both houses of Parliament, that passed, upon a Conference, concerning the accused Bishops.
ALL the Articles and inditements against the Bishops, wherein they were highly impeached being publickly read, both Houses gave many votes against them, they being found so vehement peccant, and intolerable delinquent. First, for contra [...]cting and striving to extenuate the Priviledges of Parliament. Secondly for denying the liberty of the Subject. And lastly, for endeavouring to alienate the King from the Parliament, the one oppositely to the other; and many other impeachments being objected against them; the Parliament determined they should be voted from the House, degraded and suspended from their Episcopall government, with an at cetera.
A true Relation of a treacherous plot practised by a French Cooke, for the poisoning of foure noble men of this Land, at the Earle of Leicesters house in St. Martins lane, 11. Ianu.
THe Earle of Leicester having invited foure Honourable Lords, and Peeres of this Kingdome, with some other great Personages, to a Supper, which was performed at his house in St. Martins Lane neere the Strand on Tuesday, Ianu. 11. 1641.
And being all set at Supper, there came in a Hellish bloody minded fellow, a French-man, (and is conceived) backed unto that wicked intention by some of the Popish faction, which may well bee conjectured by the sequell which followeth.
This French-man being come into place where these Noble Peers did sup that night, hee privately whispered with the Cooke of the Earle of Leicester, who also was a French-man, and could not speake a word of English, and told him in his owne Language, that if he would undertake to poyson the second course that was to bee set before those worthy and Honourable Personages, hee would for his reward and secrecy therein, give him 3000. pound in ready gold; The Cooke perceiving this his wicked and bloody intentions, told him that if it might gain him 1000. worlds, he would not attempt an Act so wicked, and withall told him that his Treacherous Designes hee would immediately discover, the which the Frenchman perceiving (when he saw his opportunity) stole out of doores, for no man there present could understand French, and this French Cooke understanding no English, whereby to discover this advice of his Countrey man, was the reason why he did escape, who if he had beene as avaricious of lucre as the other of blood, they had dispached out of this world these Noble Pillers of our Realm, this was not discovered till after Supper, the Cooke meeting one of the Earle of Leicesters Chaplaines which understood French, who told him the manner and forme of it as is before related, yet was this French Cooke apprehended and sent for to be examined before the Lords in Parliament, and as yet not acquitted.
Let every Christian Reader judge what Diabolicall, and unparallel'd intentions are continually practised by the Papists in England, against the Pillars of our Church and Common-wealth:
Five Articles preferred by the House of Commons in Parliament against Mr. Herbert the Kings Attourney Generall.
WHether he contrived, framed, or advised the Articles exhibited against the Lord Kimbolton, Mr. Hollis, Sir Arthur Haslerigg, [Page 7] Mr. Pym, Mr. Hampden, and Mr. Stroud, or whether hee knew or had heard who did contrive, frame, or advise the same. To which he answered That he did none of those three, and if he was proved so to doe, he would bee contented to dye for it.
2. Whether he knew the truth of those Articles; To which he answered, That he knew nothing but what was said to him by his Master the King.
3. Whether he will make them good when he shall be called thereto, To which he answered, he was no way able to make them good farther then his Master should enable him.
4. From whom he had received them, or by whose advice hee did exhibite them. To which he answered, That from his Masters hands hee received them, and by his command did exhibite them.
5. What proofe and testimony he had to maintaine those Articles, To which he answered, That he received the Command from his Master, and had no other proofe or testimony but such as his Master should enable him with. And being pressed to deale cleerely, what testimony that was, He said he was of his Majesties Counsell, and therefore desired further time to consider what answer to make,
VPon all which it was resolved upon the question, that the exhibiting of those Articles in the Lords House against Members of the Commons House, was illegall and a high crime. It was likewise ordered, that a Message should bee sent to the Lords, to desire them to joyne with the House of Commons, to move the King, that by Thursday next his Majestie will be pleased to appoint such as have given information against the foresaid Members, may bring in their charge, or else they to be freed by such a way as the Parliament shall thinke fit.
An Order was entred, that in regard there was a high breach of the priviledges of Parliament by Mr, Herbert Mr. Attourney in exhibiting the Articles aforesaid, in the sealing up their papers and Trunkes, in the demand of the foresaid Members in the Commons House, that a Messige be sent to the Lords to make a Committee of Lords to meet with a Committee of the Commons House, to consider how and in what manner reparation may be made for the breach of priviledges.
Then the Blacke Rod came to call the Speaker and the Commons House into the Lords House, where the King by Commission passed the two Acts, 1. For pressing of Marriners for the ships. 2. For the Captives taken by the Pyrats of Argiere.
ON Wednesday the 12. of Ianuary, upon the report of the great Hurly-Burly, raised at Kingstone, by Colonell Lunsford, and the Lord [Page] George Digby, who with 300, Troopers, and diverse other desparate and suspitious persons, appearing in armes much affrighted the Countrey people thereabout, and bred great feares in the City.
There were warrants granted out to the Sergtant, to stay two Bootes laden with grert saddles, to be carried down to Kingstonn, and to bring them that transported them to bee examined which was accordingly performed,
It is this day ordered by the Lords and Commons in Parliament, that the Sheriffs of the severall Counties of England and Wales, calling to their assistance the justices of the Peace, and the trained Bands of those severall Counties (or so many of them as shall bee necessary for the Service) shall suppresse all unlawfull Assemblies gathered together to the disturbance of the publike Peace of the Kingdome in their several Counties respectively: and that they take care to secure the said Counties, and all the Magazines in them.
Advice sent from his Majesties Commissioners in Scotland, to both Houses of Parliament, Ianuary 15. 1641.
OVr Treaty concerning the Irish affaires, being so often interrupted by the emergent distractions, gives us occasion earnestly to desire your Lordships, and these Noble Gentlemen of the House of Commons; for to present to the Honourable Houses of Parliament.
Wee doe in name of the Parliament and Kingdome of Scotland acknowledge ourselves next to the providence of God, and in his Majesties justice and goodnesse most beholding to the meditation and Brotherly kindenesse of the Kingdome of England in many respects, and Especially in Condescending to the Kings Majesties downe comming to Scotland in the middest of their greatest affaires whereof we have tasted the sweet and comfortable fruits, and do heartily wish the happinesse to this Kingdome.
And as we are hearty sorry to finde our hopes thereof deferred, by the present distractions daily growing here to greater height, and out of the sense thereof, have taken the boldnesse to send our humble and faithfull advice to the Kings most Excellent Majesty for the remedying of the same, to the just fatisfaction of his people; So out of our duty to his Majesty and to testifie our brotherly affection to this Kingdome, and acquit themselves of the trust imposed upon us.
We doe most earnestly beseech the Honourable Houses in the Depth of their wisedome, to think timously upon the fairest and fittest wayes of composing all present difference; To the glory of God, the good of the Church and State of both Kingdomes, and to his Majesties honour and Contentment wherein if our faithfull endeavours may be any wayes useful, we shal be most ready at all occasions to contribute the same.