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A91189 A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats. Prynne, William, 1600-1669. 1660 (1660) Wing P3965; Thomason E1013_22; ESTC R22149 44,193 60

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exclude the said Members though double the Major part of the House leaving them without any cause therein expressed under a reflexion of the highest nature as persons duely expeld the House during this Parliament and ordering Writs to issue forth for Electing new Members in their places a proceeding never used towards a Single Member but upon breach of trust or some high misdemeanor much less to many least of all to the Majority of the House hath in justice to our selves and the Counties and places for which we are intrusted necessitated us by this Declaration fully to state the whole matter of Fact and upon the whole to ●aise such Observations and Concl●●sions as we hope may evince that we are not duely discharged and that the Judgement if there be any given is void in Law against the said Members whereof we have in the end of this Declaration inserted a perfect list First it is manifest by the state of the Fact that on the 6th and 7th of Decemb. 1648. and since the said Members being then and now the Major part of the House of Commons have been by force of arms and still are ●estrained from coming or entring into the House though they have several times renewed their claim only upon the Army-Officers Proposals and desires Dec. 6. 1648. 2ly That from that time to this day there hath been no legal accusation or impea●hment exhibited against them or any of them in Parliament as a ground for a Judgement of their supension or exclusion 3ly That they were never summoned nor called to hear or answer any charge nor ever heard in the House nor particularly convicted nor yet named in any Order or Vote for their suspension or exclusion 4ly That all the pretence appearing for their exclusion in all the recited Votes and Orders is only their Ay to the Vote of the fifth of Dec. 1648. That the Answers of the King to the Propositions of both Houses are a ground for the House to proceed upon for the settlement of the peace of the Kingdom they being then and still the major part of the House and for refusing upon the demands of the Army and Orders of the minor part of the House made after they were forced away to enter their Protests against and Dissents from that Vote which was passed by them in Judgement and Conscience upon unanswerable grounds of Reason justice honour and faithfulness or for not disapproving the said Vote 5ly That the Members permitted to sit after and under the force Dec. 6. did several times positively order the secured and seluded Members to be forthwith discharged and that after the Demands and Proposals of the Army which shews that they did not then judge them guilty of breach of Trust by this their Vote 6ly That many of the Members that were suffered to sit when they saw no hopes of preserving their Privileges and the freedom of Parliaments against this force did voluntarily withdraw themselves and have ever since remained in the condition of secluded Members and are now comprised within the Vote of Ian. 5. and former Orders 7ly That the Members formerly secured and secluded by the Army-Officers in Dec. 1648. against the Votes of the House for their discharge for their Vote Dec. 5. are now for the self-same Vote alone even by order and command of those now sitting Members after their own double dissipation by armed violence forcibly excluded both the House and Lobby by armed Gards and Army-Officers and likewise discharged from sitting as Members of the House during this Parliament 8. That the forcible suspension and secluding of the Majority of the House till they retract and enter their particular dissents against and disapproval of their own Votes was first introduced and imposed by the General Council of Army-Officers Proposals to subvert the Privileges and Freedom of Parliaments And in obedience to their desires it is afterwards several times Voted Ordered and ratified by the sitting Members to bar us from all future sitting or Voting in the House as Members during the Parliaments continuance and made the secundary ground of our exclusion and discharge though never in use before from the begining of Parliaments till this day and that in relation to this Vote alone An Anti-Parliamentary President fit only for everlasting oblivion 9ly That for the mi●or part thus to sway in Councel by help of an external force when reason within Doors could not carry it is a course of proceeding altogether illegal irrational and unparliamentary the determining of Questions and Controversies by the major Vote being essential to Parliaments and Great Councils authorized by the usage and experience of all Ages and Nations without which it is impossible to settle any Government in Church or State or make any final judgement in Courts or Councils without resolving all into the mere will of a few single Persons Upon all which grounds we are so far from r●tracting the said Vote of Decemb. 5. that as both by the Vindication of the secluded Members published in January 1648. and by this Declaration it stands unanswerably justi●ied to all the World so we foretold the sad effects that would follow the varying from it and are now confirmed in the necessity and prudence of that Resolution by eleven years further consideration and the many sufferings calamities strange unsettlement and Revolutions of Government which the not hearkning to the advice of that Vote then the judgement of the whole Kingdom being past by the major part of their Representatives hath brought upon us ever since whereof we can yet see no end Having thus truly and fully stated the matter of Fact relating to our former and late seclusions and the premised Vote of Jan. 5. for our discharge exclusion out of the House during this Parli●ment only for our Vote Dec. 5. 1648. upon the Armies Proposals without any particular accusation hearing trial or judgement pronounced against Us or any one of Us by name at the bar we shall in the next place briefly demonstrate the Illegallity Injustice and Nullity of this general uncertain Vote by which we are thus by wholesale discharged behind our backs 1. By Orders Customs Presidents and Judgements in Parliament 2ly By the Laws and Statute● of this Realm 3ly By the Law of Nations 4ly By the Law and Proceedings of God himself By the Orders Customs and Proceedings of Parliament it is most apparent 1. That in all * Parliaments Treaties and Assemblies within the Realm of England for ever every man ought to come without force armour or multitudes of armed men well and peaceably to the honour and peace of the King and of his Realm and all wearing of Armour or other force against the Peace ought to be defended and prohibited in all places Cities and Suburbs where Parliaments convene lest the Members should be terrified or driven away or the proceedings of (a) Parliament interrupted thereby as is evident by the Statute of 7 E. 1. Rastal
Nations serious consideration and of a full and free Parliament as thus st●●●d in matter of Fact and debated in point of La● for our necessary Vindication and theirs we represent and to our Secluders second thoughts Who having in their fresh * Declaration of the 24. of this instant Jan. published That their intentions are and that they are resolved through the Goodnesse and Assistance of God to remain constant and unmovable That the People of these Nations may be governed from time to time by Representatives in Parliament chosen by themselves in whom alone the Supream Authority of these Nations doth and ought to reside and that they should be governed by the Laws and that all Proceedings touching the Laws Liberties and * Estates of the free People of this Common wealth shall be according to the Laws of the Land It being their principal care to provide for the freedom of the people against all arbitrarinesse in Government And that it is one of the greatest cares they have upon them how to give the people that ease from their present Burthens which their impoverished Condition calls for We hope they will not immediately violate it in the case of us who are their Fellow-Members the Majority of the House and the Representatives of the greatest part of the people intrusted and chosen by themselves who earnestly press our frec admission by secluding us against all rules of Law and Justice and imprisoning those * Gentlemen and Freemen sent up with * Letters unto them from the several Counties and places we represent to demand our speedy restitution to our trusts as the only means to redresse their many insupportable Grievances and by Gods blessing to reduce them to a firm free and legal settlement of their Rights And by imposing on the whole Nation in their miserably exhausted condition and want of Trade and us their excluded Fellow-Members and those many Counties Cities and Boroughs we represent a Monthly Tax of one hundred thousand pounds a month for six months time to begin from December 25. last without and against our privity and consents especially after their enforcing the people to pay a whole years Contribution within three months space contrary to the first Grant thereof under the late Protector upon their first convening in May last during these very 6. Months space they paid before hand on which they now tax them afresh higher than ever the old Parliament or their new Protectors or any Kings of England in former times have imposed an oppression not to be presidented in any age And all to pay forces to keep us out of the Houses and support themselves in their usurped * Parliamentary power and discharge those Debts their own extravagant Councils and Actions in not hearkning to our Vote for which they Excluded us have contracted only to make us more miserable base slavish unsetled than ever heretofore Upon the whole matter which we have truly stated and debated though with some Distraction and Interruption in our own behalf and of those Counties Cities and Boroughs by whom we were elected and whom we have faithfully served in Parliament according to their trusts reposed in us we do appeal from the Armies unjust force and illegal violence and from the unpresidented generall unreasonable unparliamentary Votes and Judgements of a few of our dissenting Fellow-Members procured by the force and demands of the Army and passed by parties behind our Backs during our forcible seclusion only for our free Vote in Parliament when they and the Commons of the whole Kingdom were involved therein by the resolution of the Majority of the House unto the impartial Judgement of a full and free● Parliament and in the mean while we do claim the benefit of our Laws and especially of the Great Charter the Petition of Right and the good Acts made in the beginning of this Parliament after so much Blood and Millions of our Treasure expended for the protection of our Persons Estates Liberties and of those we represent against all arbitrary Proceedings Votes Impositions Taxes and armed violence of our Secluders or their forces that whereas by the * Ordinance of God the Sword is given to the Magistrate only for the punishment of evil doers for the prayse of them that do well we nor any of us who are quiet in the Land and accountable to law wch is our Birth-right may not be hunted or seized by Souldiers for our former Vote and observing the Declarations and Remonstrance of this Parl. the Protestation Solemn League and Covenant and other Oaths which lawfull Authority have ingaged us in and our Secluders joyntly with us and the Army-Officers too and in the consciencious observance whereof we hold our selves obliged to live and die And having nothing if we know our own hearts in our thoughts or endeavours but that the true reformed Religion may be preserved and flourish the Plots of Jesuits and Romish Emissaries prevented the Privileges Rights Honour and Splendor of Parliaments vindicated and restored the Laws and Liberties of the Kingdom cleared rescued and preserved from arbitrary violations a d●e regard had to tender Consciences intollerable publick burthens eased as comprehensive an Act of O●l●vion and free Pardon past as will stand with publick safety honour and justice Trade in City and Country restored the increased swarms of starving Poor relieved and imployed just Debts and Rewards both to Souldiers Purchasors and others satisfied and secured and these ruined Kingdoms happily established upon lasting Foundations of Truth Righteousnesse and Peace now we have cleared our selves to the world and those who have entrusted us we can patiently attend Gods future dispensations yet should be very glad that as a * few of the faithfull Nobility when the Kingdom was in much lesse danger were judged so considerable as to prevail with the late King to follow their advice for the calling of this Parliament in 1640. So in this time of the greatest dangers and difficulties that these 3. Nations and the Protestant cause throughout the world ever wrestled or contended with there may not be found amongst us a generation of men who for filthy lucres sake particular groundlesse fears apprehensions of lesse or suffering guilt self-seeking ambitious aims of Dominion over or envy or revenge against their Brethren or pretended self-preservation shall continue our confusions and calamities and as Vipers gnaw out the bowels of their native Country and because of a little present power in their hands which like Jona●s gourd they see by sensible experience may wither in a day or be turned against them harden themselves against the safe sober and Christian Councils of so many of the Nobility Gentry Ministry and Commonalty of all Callings and Degrees as of necessity must conceive themselve for the safety of the Nations or perish with them obliged to endeavor that the great Council of this Nation by the advice of so many persons of Interest and Quality