THE QUESTIONS propounded to M R. HERBERT The Kings Attorney Generall, By the House of Commons in the presence of both Houses of Parliament, on Friday the fourteenth of Ianuary 1641.
Together with the Answer of the said Mr. Herbert to the said Questions, concerning the Impeachment of the Lord Kimbolton, and Mr. Hollis, &c. Members of the House of Commons.
Also the Articles against the Lord Kimbolton, Mr. Hollis, and the rest.
And lastly, his Majesties two Messages to the Houses of Parliament, to repaire the late Breaches of Parliament.
LONDON, Printed for Iohn Frank, Anno 1642.
THE QVESTIONS Propounded to M r. Atturney Generall, By the House of COMMONS, And his Answer thereunto.
Question 1.
VVHether did you contrive, frame, or advise the said Articles, or any of them?
Answer.
I will deale ingenuously and freely, and shall say the same which before I did to your Lordships; I need no long time to answer this: I did none of these three, neither contrive, frame, or advise these Articles, or any of them and will be content to dye if I did it.
Question 2.
Whether doe you know the truth of the said Articles, or any of them in your own knowledge, or by information?
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Answer.
I doe know nothing of my owne knowledge of the truth of this, nor of any particular, nor have heard by information; This I speake upon the truth of an honest man, and nothing was ever said unto me of this, but by my Master the King.
Question 3.
Whether will you undertake to make good the said Articles, or any of them when you shall bee thereunto called by due course of Law?
Answer.
By my former expression you may discerne what answer I can make to this; I cannot undertake to make one tittle good in them, otherwise then my Master shall command me and enable me, for of my selfe I cannot, nor will not, no more than one that never heard of them.
Question 4.
From whom received you these Articles, and by whose direction and advice did you exhibit them?
Answer.
It was by my Master the King his expresse command I did exhibit them, and from his hand I did receive them.
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Question 5.
Wether had you any testimonie or proofe of these Articles before the exhibiting of them?
Answer.
For the exhibiting of these Articles I received his Majesties command.
To which Answer Mr. Serjeant Wilde replied, the House of Commons desires you to answer whether you had any proofe or testimonie, or any information of any proofe of these Articles, they in no kinde desire to know what you had. To this Mr. Atturney answered, there is nothing in this world that I shall not be most ready to, but this I desire time to consider of, in regard of a trust betweene a Master and Servant.
IT is resolved by the house of Commons, since the said Answer of Mr Attorney Generall, Thar he hath broken the priviledge of Parliament, in preferring the said Articles, and that the same is illegall, and he criminous for so doing; and that a charge be sent up to the Lords in the name of the House of Commons, against Mr. Attorney to have satisfaction, for this great scandall and injury to the Members thereof, unlesse by Thursday next he bring in his proofe, and make good (if he can) the said Articles against the said persons, crany of them.
Articles of High Treason, and other Misdemeanours against the Lord Kymbolton, Mr. Pym, Iohn Hampden, Denzill Hollis, Sir Arthur Haslerig, and William Strowde, being all M [...]mbers of the House of COMMONS.
- I. THat they have traiterously endeavoured to subvert the Fundamentall Lawes and Government of this Kingdome, and deprive the King of his Legall power, and to place on Subjects an Arbitrary and tyrannicall power.
- II. That they have endeavoured by many foule aspersions upon his Majesty and his Government, to alienate the affections of his people, and to make his Majesty odious to them.
- III. That they have endeavoured to draw his Majesties late Army to disobedience to his Majesties command, and to side with them in their Trayterous designe.
- IV. That they have Trayterously invited and encouraged a forraigne power to invade his Majesties Kingdome of England.
- V. That they have Traiterously endeavoured to Subvert the very Rights and Beings of Parliaments.
- VI. That for the compleating of their trayterous designes, they have endeavoured as farre as in them lay, by force, and terror, to compell the Parliament to joyne with them in their Trayterous designes, and to that end, have actually raised, and countenanced Tumults against the King and Parliament.
- VII. That they have trayterously conspired to Leavy, and actually have Leavied warre against the King.
The Kings Message to both Houses.
HIs Majestie taking notice that some conceive it disputable whether His proceedings against my Lord Kymbolton, Master Hollis, Sir Arthur Haslerige, Master Pym, Master Hampden, and Master Strode, be legall and agreeable to the Priviledges of Parliament, and being very desirous to give satisfaction to all men in all matters that may seem to have relation to Priviledge, is pleased to wave His former Proceedings: and all doubts by this meanes being setled, when the minds of men are composed, His Majestie will proceed thereupon in an unquestionable way: And assures His Parliament, that upon all occasions He will be as carefull of their Priviledges, as of his Life or his Crown.
His Majesties Profession and Addition to His last Message to the Parliament Ian. 14. 1641.
HIs Majestie being no lesse tender of the Priviledges of Parliament, and thinking himselfe no lesse concerned, that they bee not broken, and that they bee asserted and vindicated whensoever they are so, than the Parliament it self, Hath thought [Page 6] fit to adde to His last Message, this Profession, That in all His Proceedings against the Lord Kymbolton, Master Hollis, Sir Arthur Haslerig, Master Pym, Master Hampden, and Master Strode, He had never the least Intention of violating the least Priviledge of Parliament; And in case any doubt of breach of Priviledge remaine, will be willing to clear that, and assert those, by any reasonable way that His Parliament shall advise him to. Upon confidence of which, He no way doubts His Parliament will forthwith lay by all Jealousies, and apply themselves to the Publike and pressing Affairs, and especiall to those of Ireland, wherein the good of this Kingdome, and the true Religion (which shall ever bee His Majesties first care) are so highly and so neerly concerned: And His Majesty assures himselfe, that His care of their Priviledges will encrease their tendernesse of His lawfull Prerogative, which are so necessary to the mutuall defence of each other; and both which will be the foundation of a perpetuall perfect Intelligence between His Majestie and Parliaments, and of the happinesse and prosperity of his People.