THE ORDER Of the House of COMMONS, Declaring the high Breach of Privi­ledge of PARLIAMENT, By His Majesties coming in Person, attended with great numbers of Persons, Armed with Halberds, Swords and Pistolls, 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 Priviledge of Parliament, and of the safety of the Kingdom and Citie.

Whereunto is added the Names and Declara­tion of the said Committee.

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LONDON; Printed for Joseph Hunscott. 1642.

  • [Page]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 Iohn 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 January, 1641.
Commons-House of Parliament.

WHereas his Majesty in his Royall 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 Pistolls, who came up to the very door of the House, and placed themselves there, and in other places and passages neer 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 Priviledges of Parlia­ment, and inconsistent to the Liberty and freedome thereof: and therefore this House doth conceive they cannot with the safety of their own Persons, or the indempnity of the Rights and priviledges of Parliament, sit here any longer, without a full vindication of so high a breach, and a sufficient Guard wherein they may confide; for which both Houses joyntly, and this House by it self, 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 Kingdome, and the lamen­table and distressed condition of the Kingdome of Ireland; doth Order, that this House shall be Adjourned untill Tues­day [Page] next at one of the Clock in the afternoon, and that a Com­mittee be named by this House, and all that will come shall have voyces, 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 Priviledges may be vindicated, and our Persons secured. And to consider of the Affairs and relief of Ireland; and shall have power to consult and advise with any person or persons touch­ing the premisses, and shall have power to send 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 Priviledges of Parliament.
Master Wilde, Serjeant at Law, sitting in the Chair of that Committee. 6 Jan. 1642.

WHereas the Chambers, Studies, and Truncks of Mr. Hollis, Sir Arthur Haslerige, Mr. Pym, Mr. Hampden, Mr. Strode, Members of the House of Commons, upon Munday, the third of this in­stant January, by colour of his Maiesties War­rant, have been sealed up by Sir William Kilegrey, and Sir William Flemen, and others; which is not onely against the Priviledge of Parliament, but the common Liberty of every subiect: which said Members afterwards, the same day, were, under the like colour, by Serieant Frances, one of his Maiesties Serieants at Arms, contrary to all former presidents and privi­ledges 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 Maiesty in his Royall 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 neer to the said House, to the great terrour 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 Maiesty 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 privi­ledges of Parliament, and inconsistent with the Liberties and Freedom thereof. And whereas afterwards his Maiesty did [Page] issue forth severall 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 legall 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 Fundamentall Liberties of the subiect, 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 subiect, and of the priviledge of Parliament, and a publike 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 person is a Member, is against the Liberty of the subiect, and a breach of priviledge of Parliament; and the person which shall arrest any of these persons, or any other Member of the Parliament, is declared a publike enemy of the Common-wealth.

Notwithstanding all which, we think fit further to declare, That we are so farre 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 priviledges of Parliament, for Treason, or any other misdemeanor, That none shall be more ready and willing than we ourselves, to bring them to their speedy and due tryall; 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 lawfull 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 priviledges of Parliament.

H. Elsynge, Cler. Parl. D. Com.
FINIS.

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