WHEREAS the Chambers, Studies, and Trunks of Mr. Denzil Holles, Sir Arthur Haslerigge, Mr. Iohn Pym, Mr. Iohn Hampden, and Mr. William Strode Esquiers, Members of the House of Commons upon Monday the third of this in­stant Ianuary, by colour of his Majesties War­rant have been sealed up by Sir William Killegrew, and Sir Wil­liam Flemen, and others; which is not only against the Privi­ledge of Parliament, but the common Libertie of every Subject: Which said Members afterwards the same day, were under the like colour, by Serjeant Francis, one of his Majesties Serjants at Armes, contrary to all former presidents, demanded of the Spea­ker fitting 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 neer unto the said House, to the great terror and disturbance of the Members then sitting, and ac­cording to their duty in a peaceable and orderly Mannor, trea­ting of the great affaires of England and Ireland. And his Maje­sty having placed himselfe in the Speakers Chaire, demanded of [Page 4] them the persons of the said Members to be delivered to 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 said Members, Which by Law he cannot doe, there being not all this time, any legall charge or accusation, or due process of Law issued against them, nor any pretence of Charg made known 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 dutie, to declare; And we do hereby declare, that if any person shall arrest Master Holles, Sir Arthur Haslerigg, Mr Pym, Mr. Hampden, and Mr. Stroud, or any of them or any other Member of Parliament, by pretence or colour of any warrant issuing out from the King only, he is guiltie of the breach of the liberties of the Subject, and of the priviledg of Par­liament, and a publique enemie 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 Subject; and a breach of the Priviledge of Parl. And the per­son which shall arrest any of these persons or any other Member of the Parliament, is declared a What then are those Offi­cers and soldi­ers in the Ar­my, who have arrested, and stayed sundry Members, (as Mr. Nicholls, Col. Birch. Sr. Samuell Luke, &c.) im­peached, impri­soned & driven away others, & menaced all o [...] rest that re­mained in the House, in the Speakers ab­sence in the Army. publique enemie of the Common-Wealth. Notwithstanding all which, we think fit, farther to declare, that we are so farre from any endeavours to protect any of our Members, that shall be in due manner prosecuted according to the Lawes of the Kingdome, and the rights and priviledges of Parliament, for Treason or any other mis-demeanors, that none shall be more ready and willing then wee 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 just Rights and Liberties of the Subjects and Parlia­ment of England.

And whereas, upon severall examinations taken the 7th. day of this instant Ianuary, before the Committee appointed by the house of Commons to sit in London, it did fully appeare, that many Soldiers, Papists and others, to the number of about five hundred [Page 5] came with his Majesty on Tuesday last to the said house of Com­mons, armed with Swords, Pistols and other Weapons, and divers of them pressed to the doore of the said house, thrust away the doore-keepers, and placed themselves between the said door and the ordinary Attendance of his Majesty, holding up their swords, and some of them holding up their Pistols ready cocked neere the said doore; and saying, I am a good markes-man, I can hit right I warrant you, and they not suffering the said doore, 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 maintain their party, and whenseveral of the Members of the house of Commons were comming into the House, their attendants desiring that Room 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 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 house, many of them by wicked Oathes and otherwise expressed much discontent▪ that some Mem­bers of the House, for whom they came, were not there, and others said, when comes the word? And no word being given at his Ma­jesties coming out, they cried 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 been given they should have fallen upon the house of Commons, & have cut al their throats. Vpon all which we are of opinion, that it is sufficiently proved, that the comming of the said Souldiers, Papists and others with his Majestie, 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 denyall, then to have falne upon the said Was not the Armies im­peachment of the Members and march to London for the same pvrpose & designe alike trayterous. house in a ho­stile manner, And we doe hereby declare that the same was a tray­terous designe against the King and Parliament.

And where as the said Mr. Holles, Sir Arthur Haslerigge, Mr. [Page 6] Pym, Mr. Hampden, and Mr. Strode upon report of the comming of the said Souldiers, Papists and others in the warlick and hostile manner aforesaid, did with the approbation of the house, As the [...]i & other impea­ched Members did since. absent themselves from the service of the house, for avoyding the great and many inconveniences, which otherwise apparently might have happened, Since which time a printed paper in the forme of a Proclamation. bearing date the 6th. day of this instant Ianuary, hath issued out, for the apprehending and imprisoning of them; therein suggesting, that Did not the Army & their Agents print the same of the xi impeached Members who desented themselves to please them through the conscience of their owne guilt, they were absent and fled, not willing to submit themselves to Iustice. We do further declare, So are their Papers against the xi. Mem­bers too that the said 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 So ought all the impeached Members and others suspen­ded and ex­empted against by the Armies meanes. may and ought to at­tend the service of the said house of Commons, and the severall Committees 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 the Parliament.

And we do further declare, that the publishing of severall Articles purporting a forme of a Charge of high Treason against the Lord Kimbolton, one of the Members of the Lords house, and against the said Mr. Holles, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, by Sir William Killegrew, Sir William Flemen and others, in the Innes of Court and else where, in the Kings name, was a And was not the Armies printing and publishing their generall & par­ticular false scandalous Charge against the xi Mem­bers, such? 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 and dishonour to the said Members, there being no legal charge or accusation against them.

That the Priviledges of Parliament, and the Liberties of the Subject so violated and broken, cannot be fully and sufficiently vindicated, unlesse his And is it not now as just to [...]nquire as much of the Generall the Councell of Warre & Ar­my, touching those who con­trived & pub­lished the Charge & impeachment against the xi Members, & pressed their removeall from the House, &c before any proofe against them? Majesty will be gratiously pleased to discover the names of those persons, who advised his Majesty to issue out Warrants, for the fealing 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 our se­verall [Page 7] Warrants under his Majesties owne hand to apprehend the said Members; His Majesties comming thither in his owne Royall person, the publishing of the said Articles, and printed paper in the forme of a Proclamation against the said Members, in such manner as is before declared, To the end, that such persons may receive condigne punishment.

And this house doth further declare, that all such persons as have given any Councell, or endeavoured to set or maintaine di­vision or dislike between the King and Parliament, or have listed their names, or otherwise entred into any Combination or agree­ment, to be ayding, or assisting, to any such Conncell, or endeavour, or have perswaded any other so to doe, or that shall do any of 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 In what case then are those Officers & A­gitators in the Army who contrived and published their engagements, Charge, & Re­monstrauces against the ac­cused Members and others of both Houses? declared pub­lique Enemies of the State and peace of this Kingdome, and shall be enquired of and proceeded against accordingly.

Die Lunae 17. Ianuarij 1641. It is this day ordered, by the Commons assembled in Parliament, that this Declaration be forthwith published in print.

THe Infinit mercie and providence of the Almightie God hath bin abundantly manifested since the beginning of this Parlia­ment, in great varietie of protections and blessings, whereby he hath not only dilivered us from many wicked plots▪ and designes, which if they had taken effect would have brought ruine, and de­struction upon this Kingdom: but out of those attempts hath pro­duced divers evident and remarkeable advantages to the furthe­rance of those services, which we have bin desirous to performe to our Soveraign Lord the King, and to this Church and State, in [Page 9] providing for the publique peace and prosperity of his Majesty, and all his Realmes, which in the presence of the same all-seeing deity, we protest to have been, and still to be the only end of all our councells and endeavours, wherein we have resolved to continue, freed, and inlarged from Can al Mem­bers make this Protestation now, without perjury or hy­pocrisie? all privat aymes, personall respects or passions whatsoever

In which resolution we are nothing discouraged, although the heads of the Malignant partie disappointed of that prey, the Re­ligion and Libertie of this Kingdome which they were readie to selfe upon and devour before the beginning of this Parliament, have still persisted by new practises both of force and subtiltie, to recover the same againe. For which purpose; they have made se­verall The very Plot of Crom­well, Ireton, & their Confede­rates since, who tread in these Malig­nants stepps & have actually executed, what they only de­signed. attempts for the bringing up of the Army: they after­wards projected the false accusation of the Lord Kimbolton, and the five Members of the house of Commons, which being in it selfe of an odious nature, they yet so farre prevailed with his Majestie, as to procure him to take it on himselfe▪ but when the unchange­able duty and faithfullnesse of the Parliament could not be wrought upon by such a fact as that; to withdraw any part of their reverence and obedience from his Majesty, they have with much art and industry advised his Majesty, to suffer divers uniust Have not the Army & Agi­tators in their Remonstrances Declarations, & other printed Papers done the like, for a like designe, or worse? scandals and imputations upon the Parliament to be published in his name, whereby they might make it odious to the people, and by their help to destroy that, which hitherto hath been the onely meanes of their preservation, &c.

The accusation of the Lord Kimbolton, and the five Members of the house of Commons, is called And were not the late impeachments of the 11 Members and 7 Peers such, farr above any satis­faction yet gi­ven them by their Accusers? a breach of Priviledge, and tru­ly so it was, and a very high one; far above any satisfaction that hath been yet given. How can it be said to be largely satisfied, so long as his Majesty laboured, to preserve Mr. Attorney from punishment; Who was the visible Actor in it? so long as his Ma­jesty hath not only justified him, but by his Letter declared, that it was his duty to accuse them, and, that he would have punished him, if he had not done it? So long as those Members have not the The case of those now im­peached meanes of cleering their innocencie? And the Authors of that malitious charge undiscovered, though both houses of Parliament have severall times petitioned his Majesty to discover them. And that not only upon grounds of Common Iustice, but by act of Par­liament, [Page 10] His Majesty is bound to do it? So long as the King refu­seth to passe a bill for their discharge; Aleadging, that the narra­tive in that Bill is against his honor, whereby he seemes still to a­vow the matter of that false accusation though he deserts the prosecution, offring to passe a bill for their acquittall, yet with inti­mation, that they And must the now impea­ched Lords & Commons do so to, as their false Acu­sers would have them? must desert the avowing their owne innocen­cie, which would more wound them in honor, then secure them in Law.

And in Vindication of this great priviledg of Parliament, we do not know that we have invaded any priviledge belonging to his Majesty as is aleadged in this Declaration.

But we looke not upon this only in the Notion, of a breach of priviledge, which might be, though the accusation were true, or false, but under the notion of a haynous crime in the Attorney, and all other Subjects, who had a hand in it. A Is not this the Councell [...] Wars & the Armies crime, [...] impeaching [...] present in­ [...]ent Lords, Commons, and Citizens of Treason, in the [...] of the high [...] I [...]dicatory? [...] shall it go unpunished & [...]y unrecom­penced and un­sighted? crime against the Law of nature, against the rules of Much les Sr Thomas Fair­ [...] and his Councell in the army. Iustice, that innocent men should be charged with so great an offence as Treason, in the face of the highest Iudicatory of the Kingdome, whereby their lives, and estates, their blood, and honor, are endangered without witnes, without evidence, without all possibility of reparation in a Legall course: yet a crime of such a nature, that his Much lesse then an whole army. Majesties command can no more warrant, then it can any other Act of injustice. It is true that those things which are evill in their own nature, such as is false testimony, or false accusation cannot be the Subject of any command, or induce any obligation of obedience upon any man, by any authority whatsoever: therefore the Attorney in this case was bound to refuse to execute such a command, unlesse he had some such evidence or testimonie as might have warranted him against the parties, and be lyable to make satisfaction if it should prove false: and it is sufficiently knowne to every man, and adjudged in Parliament, that the Be sure then to give the im­peached Mem­bers of both houses now, ve­ry good satis­faction against their malicious accusers to [...]re­ [...]nt the danger [...]mated. King can be neither the Relator, informer nor witnesse. If it rest as it is without further satisfaction, no future Parliament can be safe, But that the Members may be ta­ken and destroyed at pleasure, yea the very principles of Govern­ment and Iustice will be in danger to be dissolved.

The Occasion of this Declaration and Remonstrance of both Houses, was the treasonable Plot of Henry Jermin, Peircy, Goa­ring, and others related in and annexed to it: which they thus ex­presse, [Page 11] * That by their instruments and agents they attempted to disaffect and discontent his Majesties Army (in the North) to en­gage for the maintenance of their wicked and trayterous designes, Exact Colection p. 18. 210. 211. 219. 217. 218. 221. 222 228. the keeping up Bishops in votes and functions; and by force To COMPEL THE PARLIAMENT, to order, limit, and dispose their proceedings in such manner as might best concur with the intentions of their dangerous and potent faction. To which end they concluded, that the Army should keep together and not disband till all their arreares were paid: That they should petition the Parli­ament for money, there being so great arrears due unto them, & so much delayes made for the procuring of them. That they should likewise send up a Declaration to the Parliament of these particulars, That nothing should be done in Parliament, contrary to any former act of Parliament. That Bishops should be maintai­ned in their Votes and functions, And the Kings Revenue be e­stablished. That they should bring up the Army to London, a­gainst the Parliament and City, for that the Army heard of great tumults about London; (& therefore offered themselves to serve the King and Parliament (in a Petition drawen to that purpose) with the last drop of their blouds: and by this pretence of guar­ding the Parliament and City upon this noyse of Tumults in Lon­don, to compell the Houses to Order things according to their de­sires, and to secure the Tower of London, and Portsmouth, and im­peach the leading Members that should oppose them; which last was put in execution, against some Members, as is before related.

Whether Cromwell and his Confederates, have not punctually pursued their trayterous designes, and far out-stripped them in all these particulars, by engaging this Army of late upon the same grounds & pretences to do the very same and much more in reality, which that Army then was only designed to do intentio­naly; let the impartial reader judge, [...] who are the greatest Tray­tor and Conspirators of the two against the Parl. Kingdome, and King too (whom they have forcibly plundered out of both hou­ses possession, from whom they still detaine him, and recruit and keepe the Army together, neare the City, to give lawes to Par­liament, City, King and Kingdome, to impeach, imprison, suspend and expell the Members of both houses who dare oppose them, at their pleasure; and inforce them to vote and unvote what their [Page 12] Grand Councell of the Army and Agitators shall prescribe them) let the Houses, City, and Kingdome determine. Certainly their late intimacy and correspondency with Ashburuham, and Capt. Legg, who had a great hand in this Conspiracy and Treason, of bringing up the Northren Army to London upon these pretences, against the Parliament, and City who adheered to them; makes in­telligent men shrewdly suspect, they had a finger in bringing up the Armie of late to London, upon the like pretences of tumults there▪ who have been more unreasonable and treasonable in their Remonstrances, Petitions, Demands to, & Actions against the hou­ses, and Members then the Northren Army: ex Cauda Draconem.

What crime it is for any to accuse Members of Parliament of Treason for acting or voting any thing in Parliament, or by the Parliaments authority or command, will evidently appeare by the resolutions of two ancient Parliaments.

In the 10. yeare of King Richard the 2. the Parliament by a [...] c. R. 2. c. 1. [...] R. 2. c. 1. 2. 3. speciall Act and Commission, put the government of the Kingdom, and Kings Revenues into the hands of certaine Lords, by reason of the Kings misgovernment: Whereupon the King soone after that Parliament ended, called his Judges, and Counsell at Law to Nottingham Castle to demand their opinions concerning this act and Commission and the procurers thereof in Parliament; and concerning some proceedings in Parliament: to which they re­turned their Answer, thus expressed in the Statute of 21. R. 2. c. 12.

Memorandum that the 25. day of the moneth of August the 11th. yeare of the Raigne of King Richard the second, at the Castle of Nottingham, before our said Soveraigne Lord the King, Rob. Tresilyan chieif Justice, Rob. Belknap, chief Iustice of the com­mon Bench, Io. Halt, Rog. Fulthrop, & Wil, Burgh, Kts. fellows of the said Rob. Belk. & Io. Locton one of the Kings Serj. at Law, being personally required in the presence of the Lords & other witnesses under written, by our said Soveraign L. the King in the faith & Le­geance by which they be firmly bounden to the said King, that they should truely answer to certain questions under written, and before them recited, and upon the sameby their discretions to say the law.

First it was enquired of them? Quest. 1 whether that the same new Sta­tute and Ordinance, and the Commission made in the last 10. Ri. 2. c. 1. Answ. Parlia­ment holden at Westm be hurtful to the Kings Royal prerogative?

[Page 13] Whereunto all of one minde answered, that they bee hurtfull, Quest. 2 and specially because they were against the Kings will. Item it was enquired of them, how they ought to be punished, w ^ch procured the said Statute, Ordinance, and Commission to be made?

Whereunto with one assent they answered, Answ. how they ought to be punished by the capitall paine, that is to say, of death, unlesse the King in this party of his grace will pardon them.

Item, Quest. 3 it was enquired, how they ought to be punished which excited the said King to consent to the making of the said statute, Ordinance, and Commission?

Where unto of one minde they said, Answ. 3 that unlesse the King would give them his pardon, they ought to be punished by the capitall paine.

Item, Quest. 4 it was enquired of them, what paine they deserved, that compelled the King to consent to the making of the said Statute, Ordinance, and Commission?

Whereunto by one assent they gave answer, Answ. 4 that as Traytors they ought to be punished.

Item, quest. 5 how they ought to be punished, that did interrupt the King, so that he might not exercise those things that appertaineth to his regallity and prerogative?

Where unto of one assent it was answered, Answ. 5 that they ought to be punished as Traitors.

Item, quest. 6 it was enquired of them, whether that after that the bu­sinesse of the Realme, and the cause of the Assembly of the Parlia­ment, were by the King Commandement disclosed and declared in the Parliament, and other Articles limitted by the King, upon which the Lords and Commons of the Realme ought to proceed in the same Parliament, if the Lords and Commons would in any wise proceed upon other Articles, and in no wise upon the Articles limited by the King, till the King had answered to the Articles expressed by them: Notwithstanding that they were by the King enjoyned to the contrary: Whether the King in this case ought to have the rule of the Parliament, and indeed to rule, to the in­tent, that upon the Articles limitted by the King, they ought first to proceed or not, before they proceed any further?

To this question of one minde they answered; Answ. 6 That the King in this partie should have the rule, and so in order one after ano­ther [Page 14] in all other Articles touching the Parliament untill the end of the Parliament; And if any doe contrary to this rule of the King, he ought to be punished as a Traytor.

Item whether the King when soever it pleaseth him, quest 7 might di­ssolve the Parliamenr, and command his Lords and Commons to depart from thence or not?

Whereunto it was of one mind answered, that he may. And if any would proceed in the Parliament against the King will, answer. 7 he is to be punished as a Traytor.

Item it was enquired. quest. 8 since that the King whensoever himselfe pleased might remove his Officers or Iustices, and to justifie and punish them for their offences, Whether the Lords and Commons might without the Kings will, impeach the same Officers and Iusti­ces upon their offences in the Parliament or not?

To which question it was by one mind answered, that they might not, answ. 8 And he that doth contrary is to be punished as a Traytor.

Item it was enquired how he is to be punished that moved in the Parliament, quest. 9 that the statute should be sent for whereby Ed­ward the Sonne of King Edward Great Grandfather to the King that now is, was another time endited in the Parliament, by the inspection of which statute, the said new statute or Ordinances, and Commission were conceived in the Parliament?

To which question, answ. 9 of one accord they answered, that as well he that so moved, as the other which by force of the same motion brought the said Statute into the Parliament House, be as Cri­minous and trayterous worthy to be punished.

Item it was enquired of them, quest. 10 whether the Iudgement given in our Parliament holden at Westminster against the Earl of Suffolk were erronious and revocable or not?

To which question of one assent they said, answ. 10 that if the same judg­ment were now to be given, the same Iustices and Serjeants afore­said would not give the same, because it seemed to them that the same judgement is revocable as erronious in every part.

In witnes whereof the Iustices and Serjeant aforesaid to this present have set their seales, These men being Witnesses, the Re­verend Fathers, The Lords, Alexander Arch Bishop of York, Ro­bert Archbishop of Dublin, Iohn Bishop of Darham, Thomas Bi­shop of Chester, Iohn Bishop of Bangore; Robert Duke of Ireland, [Page 15] Mighell Earle of Suffelk, Iohn Ryppon Clerk, and Iohn Blake. Dated the day, place, moneth and yeare aforesaid.

For this opinion of theirs; That the Lords procuring of this Commission, Statute, and Ordinance in Parliament was Treason, and, That the, Members in Parliament might be guilty of Treason, for their free votes and proceedings in Parliament; or acting any thing by the Parliaments authority and command in the cases propounded to them, they were all the very next Parliament 11. R. 2, accused of Treason, impeached as Traytors and Ene­mies to the King and Realms, fore-judged of their lives, and judg­ment given against them of forfeiture of all their Lands, tene­ements, goods and Chattels, as the statutes of 11. R. 2. c. 1. 2. 3. 4. 5. 21, R. 2. c. 12. & our Historians in 11. R. a. record. Trysilian was drawen to Tyburn, and there executed others were perpetual­ly banished: Belknap himselfe confessed, and said, Speedes Hist p. 747 [...] There wanted but a hurdle a horse. and a halter to carry him where he might suffer the death he deserved: for if I had not done this I should have died for it, and because I have done it, I Deserve Death for Betraving the Lords. This judgment being reversed by the Kings power in the forced Par­liament of 21. R. 2. c 12. it was in the next Parliament of 1. H. 4. c. 3. 4. affirmed and confirmed, as given for the great Honor, and common profit of the Realme. So as these two Parliaments have resolved, that to accuse Lords and Members of Parliament, of treason for votes, Ordinances, and proceedings of Parliament, or for acting in or by Authority of Parl, is no lesse then Trea­son, and that such accusers and impeachers (especially if Judges and Lawyers) are Traytors and Enemies both to King; and Kingdom, undermining the Freedome; Priviledges, and Foundation of all Parliaments, where no Members can set or speak freely and secure­ly without endangering their heads and, states, nor any act secur­ly under their Ordinances and Commandes if they may be thus impeached and become guilty of high Treason, for what they shall voteand act in Parliament, or by its order and Authority.

This President, was cited at large and much urged by Mr. Oli­ver St Iohn his Majesties Solicitor Generall, in his speech at a conferrence of both Houses of Parliament concerning Ship-mo­ney, lanu: 1640. printed by the Houses Order pa. 28. &c. where [Page 16] he proves out of the Parliament Rolls. That in this very case, Iudgement of High Treason was given against 18. severall per­sons: 8. whereof were executed, the rest banished, and their Lands and Goods forfeited; That it was made Fellony for any to procure their pardon, and they to be delt withall as Traytors, if they retur­ned from their banishment.

That of these 18 persons, all save three were impeached by the Commons. That the summe of their offence and Treason was; Their endeavouring to overthrow NOTE▪ Parliamentary proceedings; and conspiracy against the Persons of those Lords, who procured this Commission and Act of Parliament for the good of the King­dome, with reference to their proceedings in Parliament, thereby to overthrow the Commission and Act of Parliament, wherein those Lords had been principall Actors. That the judgements given against them were not hudled up in hast, but given upon longe and mature deliberation; being the whole work of that Par­liament from Nov. 14. till Febr. 15. following: the Houses spen­ding long time, and taking great paines in examining the evidence the better thereby to satisfie their owne conscience and the world: That the Parliament of 21. R. 2. which revoked and made void these judgements, was held by force, And is not this so held since the armies march to Lon­don, Guards up­on it, & quar­tering about it? viris armatis, et sagittarijs im­mensis, as is declared in the Parliament Roll of 1. H. 4. No. 21. & 22. That this Parliament of Revocation was no free Parliament. And in the Parliament of 1. H. 4. No. 48. these judgements of Re­vocation are declared to be erronea, iniqua, et omni juri, et ratio­ni repugnantia: erronius, wicked, and contrary to all right and reason: And in the Parliament of 1. H. 4. in print, these Attain­dors are confirmed. So that these Iudgements of Attaindors have the authority of two Acts of Parliament, both of them of force at this day: though these Iudges delivered these erronious opinions a­gainst the Lords by violence for If no excuse in these Iudges, much lesse in Parliament Members; who now plead it. feare of death & torture of their Bodies, which was no excuse. So he: How far this President may trench upon any Lawyers now, in relation, to the impeachment of any Lords and Members for what they acted in this present Par­liament and by authority and Ordinances of both Houses, let Mr. Solicitor, and the Ho [...]es, whom it most concernes, determine.

Of what crime those are guiltie, who out of particular spleen, malice, or to carry on their owne private designes have [Page 17] lately mutined and brought up the Army to London, and by its countenance and power most injuriously impeached some faith full Lords and Commons of High Treason, for sitting and voting in Parliament, and acting only in obedience to their Ordinances and Commands, for the Parliaments service and defence, against a rebellions Army, marching up against the Houses and Cittie in an Hostile manner against the Houses expresse commands to the con­trary? and whether they be not Traitors and Enemies to the Realme in this particular, & as bad or worse then the Gun-powder Traitors, which would have blown up the Members only of one Parliament, where as these endeavour to blow up the foundati­ons of all Parliaments, with their Members and Priviledges too at once, let these two ancient Parliaments, and those who are learned in the Lawes resolve.

And certainely this very Parliament, hath oft declared them such and no better in the promised Declarations, and sundry o­thers: and the House of Commons alone in this observable Vote printed by their speciall Order.