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 doe offer to seale the Trunks, Doores, or Papers of any Members of this
House, or to seize upon their persons; That then such Members shall require the aide
of the Constable to keepe such persons in safe custody, till this House doe 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. Par. D. Com.
The Declaration agreed upon by the Committee of the House of Commons appointed to
sit in the Guildhall in London, to consider of the safety of the Kingdome, and of
the City of London. And of the preserving the Priviledges of Parliament.
Master Wilde Serieant at Law, sitting in the Chaire of that Committee. 6. Ian. 1641.
VVHereas the Chambers, Studies, and Truncks of M. Hollis, Sir Arthur Haslerige, M. Pym, M. Hampden, and M. Stroude, Members of the House of Commons, upon Munday: the third of this instant Ianuary, by colour of his Majesties Warrant have beene sealed up by Sir William Kilegrey, and Sir William Flemen and others; which is not onely 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 Frances, one of his Majesties Serjeants at Armes, contrary to all former presidents and priviledges
of parliaments, demanded of the Speaker sitting in the house of Cōmons to be delivered
unto him that he might arrest them of high Treason: And whereas afterwards the next
day His Majestie in his Royall person came to the said House attended with a great
multitude of men armed in warlike manner, with halberts, swords, and pistols, 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 terror and disturbance of the Members
thereof, then sitting, and, according to their duty, in a peaceable and orderly manner,
treating of the great Affaires of England and Ireland; And his Majestie having placed
himselfe 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 Freedome thereof. And whereas
afterwards his Majestie 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 he cannot [...] 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 Subject, and the Rights of Parliament. Whereupon we are necessitated, according
to our dutie, to declare, That if any person shall arrest M. Hollis, Sir Arthur Haslerige, M. Pym, M. Hampden, M. Stroude, 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 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 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 thinke 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 Lawes of the Kingdome, and the Rights and priviledges of Parliament
for Treason, or any other misdemeanour, That none shall be more ready and willing
then we our selves; to bring them to their speedy & due triall, Being sensible, that
it equally imports us, as well to see Iustice done against them that are criminous,
as to defend the iust Rights and Liberties of the Subiects, and parliament of England.