us to stand upon our defence which nature teacheth every man to provide for and this Kingdom unlesse it be very unnatural and very unmindfull of it self cannot but afford to them whom it hath intrusted and by whom it is represented and if the Major part of both Houses may sit free from force we doubt not but that they will not only make it good that they have done themselves and the whole Kingdom right in their Deâ—larations and offered no wrong nor done any prejudice at all to his Majestie but also be very sensible of the great indignity offered to the representative body of this whole Kingdom by the contrivers of the Kings answer and will make such persons that delight to foul their own nests and to cast dirt in the face of the Kingdom instances of their exemplary justice so soon as they shall be discovered and brand both them and their doctrin with the marks of their perpetual scorn and indignation And for a tast of their horrid doctrine these Particulars are mentioned from the Declaration that Remonstrance answers viz. s That his Majestie or any other Person may upon suggestions and pretences of Treason Felony or breach of the peace take the Members of Parliament out of either House of Parliament without giving satisfaction to the House whereof they are Members of the ground of such suggestion or accusation and without and against their consent so they may dismember a Parliament when they please and make it what they will when they will That the Representative body of the whole Kingdom is a faction of Malignant Scismatical and Ambitious Persons whose design is and alwaies hath been to alter the whole frame of Government both of Church and State and to subject both King and people to their own lawlesse arbitrary power and Government and that they design the ruine of his Majesties person and of Monarchy it self and consequently that they are Traytors and all the Kingdom with them for their Act is the Act of the whole Kingdom and whether their punishment and ruine may not also involve the whole Kingdom in conclusion and reduce it into the condition of a Conquered Nation no man can tell but experience sheweth us that successe often draws men not only beyond their professions but also many times beyond their intentions Likewise in the t Declaration of both Houses dated Novemb. 7. 1642. for the encouragement of the Apprentices to list themselves under the Earl of Warwick the cause is declared to be for the defence of Religion and liberty of the Kingdom his Majesties royal Person the Parliament and the City of London In the u Declaration of the Lords and Commons of the 17th of December 1642. The Parliaments Army is said to be raised for the necessary defence of the true Protestant Religion the King Parliament and Kingdom And in the x Declaration of both Houses concerning a Treaty of peace made by Cheshire alone it is held forth That they ought not to withdraw themselves from the common cause but to joyn with the Parliament in the defence of the Religion and liberty of the whole Kingdom and with them to labour by all good means to procure a general peace and protection from the King for all his Subjects according to their general Protestation In like manner in the y Declaration of the 7th of January 1642. for a subscription of mony and plate for supply of the Army the cause of the war is expressed to be for the preservation of Religion as well as the just and undoubted power and privilege of Parliament our Laws and Liberties from most apparent destruction And in the z preamble to the Propositions of both Houses tendred to his Majesty Feâ—r 1. 1642. they say That they took up Arms for the defence of our Religion laws liberties privileges of Parliament and for the sitting of the Parliament in safety Likewise in the first a Ordinances for a general weekly Assesment wherein the whole Kingdom was to be satisfied That they might freely pay their mony the same cause is held forth The b Associations also of the several Counties of the Kingdom were setled for the same cause In the year 1643. c The Solemn League and Covenant was taken by all Members of Parliament and throughout the Kingdom in maintenance of the same cause as appears by the Covenant and the Exhortation to the taking of the same The Kingdom of Scotland engaged with us in the same cause And all d Commissions to the Generals and Army-Officers were in the name of King and Parliament And when a new Army was raised of 20000. men under the command of Sir Tho. Fairfax by e Ordinance of both Houses dated the 13th of Febr. 1644. it is held forth to be for the defence of the King and Parliament the true Protestant Religion the laws and liberties of the Kingdom An Ordinance dated 3. Aug. 1647. for raising of forces to be commanded by Sir William Waller is for defence of the King Kingdom Parliament and City Lastly to mention no more towards the end of the war the House of Commons alone published a memorable f Declaration dated the 17th of April 1646. called A Declaration of their true Intentions concerning the antient Government of the Kingdom and securing the people against all arbitrary Government c. Wherein remembring the aspersions cast upon them in the beginning of the war and that the same Spirits were still working and mis-representing their intentions and not ceasing aswell in print as otherwise to beget a Belief that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this Kingdom to leave all Government in the Church loose and unâ—etled and our selves to exercise the same Arbitrary power over the Persons and Estates of the Subjects which this present Parliament hath thought fit to abolish by taking away the Star-chamber High Commission and other Arbitrary Courts and the exorbitant power of the Council-Table All which being seriously considered by them and fore-seeing that if credit were given to such dangerous inâ—inuations and false surmise the same would not only continue the then calamity and involve us into new and unexpected imbroylments but likewise inevitably endanger the happy issue and success of their endeavours which by Gods blessing they might otherwise hope for they did declare in these words We do declare That our true and real intentions are and our endeavours shall be to settle Religion in the purity thereof according to the Covenant to maintain the antient and fundamental Government of this Kingdom to preserve the right and liberty of the Subject to lay hold of the first opportunity of procuring a safe and
well-grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdoms of England and Scotland according to the grounds expressed in the Solemn League and Covenant and Treaties which we desire may be inviolably observed on both parts And lest these Generals should not give a sufficient satisfaction they thought fit to the end men might be no longer abused in a misbelief in their intentions or a mis-understanding of their Actions to make further inlargement upon the particulars most worthy a diligent peruâ—al and consideration Amongst which they have this observable passage viz. And whereas a safe and good peace is the right end of a just war there is nothing we have more earnestly desired nor more constantly laboured after and to that purpose both Houses of Parliament have framed several Propositions to be sent to the King wherein We are so far from altering the fundamental Constitution and Government of this Kingdom by King Lords and Commons that we have only desired that with the consent of the King such Powers may be settled in the two Houses without which we can have no assurance but that the like or greater mischiefs than these which God hath hitherto delivered us from may break out again and ingage us in a second and more destructive war Whereby it plainly appears our intentions are not to change the antient frame of Government within this Kingdom but to obtain the end of the primitive institution of all Government the safety and weal of the people And then that Declaration concludes thus And for the Covenant we have been and ever shall be very carefull to obâ—erve the same that as nothing hath been done so nothing shall be done by us repugnant to the true meaning and intention thereof nor will we depart from those grounds and principles upon which it was framed and founded This Decl. was then indeed of that moment to quiet the Jealousies and settle the Distempers of the Kingdom g that 4000 of them were ordered to be printed for the use of the Parliament And the Knights and Burgesses ordered to take care for the speedy sending down and publishing them in the respective Counties and places for which they â—erved And by special order of the House Sir Arthur Hasâ—erig Sir John Eveling and two others were to take care that the printed Declarations were published set up and â—â—xed in every Parish-Church by the Church-wardens or other Officers of the said Parish which they were by the said Order required and enjoyned to â—ee published set up and fixed in the said Parish-Church accordingly Way being thus made to the Narrative and Treaty we proceed The two Houses of Parliament having thus for the space of six years or thereabouts been ingaged in a war for the defence and maintenance of the Protestant Religion the Kings person honour and Estate and his Royal Posterity the power and Privileges of Parliament and the Laws and Liberties of the Kingdom as appears by all their said Declarations Orders Ordinances and publick writings in the prosecution wherof they did also declare * That there was a design carried on by the forces levied against the Parliament to alter our religion and the antient frame and constitution of the Government both in Church and State and the laws and liberties of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary form of Government And having in the heat of the war sent Propositions several times and entred into divers Treaties with his late Majesty for a safe and well-grounded peace which had not the desired effect at the cloze of the war finding the distempers of the Kingdom continued though all adverse Armies and Garrisons were reduced and well remembring that in the begining of the war they had called God to witnesse that the safety of the Kingdom and peace of the people was their only aime They did in July 1648. resolve upon a personal Treaty with the King the general desires of the City of London and the rest of the people concurring therewith And in pursuance thereof the Commons assembled in Parliament that they might have a full House published the following Declaration Die Martis 5. Septembris 1648. A Declaration of the Commons assembled in Parliament Concerning the Summoning of the Members to attend the House on Tuesday the 26. of Septemb. 1648. WHereas both Houses of Parliament have agreed upon A Personal Treaty with his Majestie which is speedily to commence for the management whereof the * attendance of all the Members of Parliament wil be very necessary because in the Multitude of Counsellors there is safety and in the successe thereof the Alaying of the present distempers and future happinesse of this Kingdom is so highly concerned It is therefore ordered and declared by the Commons assembled in Parliament that the respective Sheriffs of each County within the Kingdom of England and Dominion of Wales do forthwith upon receipt hereof give particular notice to all the Members of the House of Commons residing and being within their respective Counties to attend the House on Tuesday the 26th Septemb under the penalty of twenty pounds fixed upon the defaultors that day being appointed for calling of the House The Members attended from all parts accordingly and there were appointed the Earls of Northumberland Pembrook Salisbury Middlesex and the Lord Say for the Lords House And Mr. William Pierpoint Sir Henry Vane Junior and eight more of the House of Commons Commissioners to carry on the Treaty with his Majestie at the Isle of Wight who took great pains therein and finished the Treaty by the end of November And on December the first the Commissioners of the House of Commons made their report of the Treaty in the House who presently entred into debate thereof and continued the debate Dec. 2d 3d. 4th 5th when after a long and serious debate in a full House notwithstanding the Menaces of the Army who had marched up to London and Westminster contrary to the Orders of the House removed their own guards and put new ones upon them and their insolent and Rebellious Declaration of the 20th of Novemb. 1648. they came to this resolution without any division of the House viz. Die Martis 5. Decembris 1648. REsolved upon the Question 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 The just grounds and reasons of which vote do partly appear in all the forecited Declarations and proceedings of both Houses during the War the Oaths Protestation League and Covenant they took as Members the Writs by which they were elected and the Indentures by which we were returned impowered intrusted but more particularly in the Vindication of the imprisoned and secluded Members of the Commons House from the aspersisions â—ast upon them and the majority of the House in a printed Paper of the Gen-Council of
design the alteration of our Religion And we do here require all those who have any sence of piety honor or compassion to help a distressed State especially such as have taken the Protestation and are bound in the same duty with us unto their God their King and Country to come in unto our aid and assistance this being the true cause for which we raise an Army under the command of the Earl of Essex with whom in this Quarrel we resolve to live and dye And in the Declaration and Resolution of both Houses in answer to the Kings Proclamation against the h Earl of Essex they have these words viz. And whereas the Lords and Commons in Parliament did formerly choose the Earl of Essex to be Captain General of such forces as are or shall be raised for the maintenance of the true Protestant Religion the Kings person the law of the Land the peace of the Kingdom the liberty and propriety of the Subject and rights and privileges of Parliament the said Lords and Commons do declare That they will maintain and assist him and adhere unto him the said Earl with their lives and estates in the same Cause as in conscience and duty to God the King and their Country they are bound to do And the i Petition of both Houses sent to the King by the Earl of Essex when he marched in the head of the Parliaments army saith That they have for the just and necessary defence of the Protestant Religion of his Majesties Person Crown and Dignity of the Laws and Liberties of the Kingdom and the Privilege and power of Parliament taken up arms The two Houses of Parliament having thus taken up arms and declared the cause thereof no successe made them in the least to vary from it but in the very heat of the war and whole prosecution thereof to the end they asserted and adhered to the same cause as appears in all their Remonstrances Declarations Orders and Ordinances during the war which being over-tedious to transcribe at large some material passages to that effect shall only be inserted viz. In the k Directions from both Houses given to the Earl of Essex General of the Army the cause is asserted to be in defence of Religion his Majesties Person the Liberties and Laws of the Kingdom and Privilege of Parliament And in the l Declaration and Protestation of the Lords and Commons in Parliament to this Kingdom and to the whole world Dat. Octob. 22. 1642. a day before the battel of Edghil ordered to be read in all Churches and Chapels wherein they expresse their resolution to enter into a solemn Oath and Covenant with God they conclude with these words viz. We doubt not but the God of truth and the great Protector of his people will assist and enable us in this our just defence to restrain the Malice and fury of those that seek our ruine and to secure the Persons estates and Liberties of all that joyn with us and to procure and establish the safety of Religion and fruition of our Laws and Liberties in this and all other his Majesties dominions which we do here again professe before the ever-living God to be the chief end of all our Councils and resolutions without any intention or desire to hurt or injure his Majestie either in his Person or just power And whereas in the m Kings Proclamation of the 24. of Octob. 1642. It is alledged that the war raised against him was to take away his life to destroy his posterity to change the Protestant Religion to suppresse the Law of the Kingdom and to take away the Liberty of the Subject and to subject both to an arbitrary power And in one of his Majesties Declarations there was this allegation That the Army raised by the Parliament was to depose the King Thereupon both Houses of Parliament in a Declaration after the bloody battel of Edghill in answer to this Charge and Declaration have these words n We hoped the contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a scandal especially when they must needs know the Protestation taken by every Member of both Houses whereby they promise in the presence of almighty God to defend his Majesties Person the promiss and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and dy with him wherein is expressed that this Army was raised for the defence of the Kings Person And in the same Declaration they rejoyce that his Majestie and his Children escaped danger in that Battel In the o Remonstrance of the Lords and Commons of the 2d of Nov. 1642. there is this passage As God is witnesse of our thoughts so shall our actions witnesse to all the world that to the honour of our Religion and of those that are most zealous in it we shall suffer more from and for our Soveraign than we hope God will ever permit the malice of wicked Counsellors to put us to and though the happiness of this and all Kingdoms dependeth chiefly upon God yet we acknowledge that it doth so mainly depend upon his Majestie and the royal branches of that root that as we have heretofore so we shall hereafter esteem no hazard too great no reproach too vile but that we shall willingly go through the one and undergo the other that we and the whole Kingdom may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams than those from whence were the poyson of evil Councils once removed from about them we doubt not but we and the whole Kingdom should be satisfied abundantly The same Remonstrance also hath these words p We do not say the Royal assent is not requisite in the passing of Laws nor do or ever did we say That because his Majestie is bound to give his consent to good Laws presented to him by his people in Parliament that therefore they shall be Laws without his consent or at all obligatory saving only for the necessary preservation of the Kingdom whilst that necessity lasted and such consent cannot be obtained And again (q) We did and do say that the Soveraign power doth reside in the King and both Houses of Parliament It follows in the same Remonstrance r Having the honour of God and of his Majestie and the peace freedom and prosperity of this Kingdom chiefly before our eyes in our Propositions and in all our actions we rest assured that both God and man will abhor and abominate that monstrous and most injurious charge laid upon the Representative body of this whole Kingdom Of desiring the ruins not only of his Majesties person but of Monarchy it self and we appeal to all the world whether worse words than these can be given us And whether it be not high time for
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 â—aise such Observations and Conclâ—â—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 â—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 impeaâ—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 miâ—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 râ—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 justiâ—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 Parliâ—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 Statuteâ— 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
who as he doth not pervert judgement nor do wickedly Job 8. 3â—c 34. 12. but judgeth uprightly without respect of persons 1 Pet. 1. 17. Justice and Judgement being the habitation of his Throne from whence he administreth Judgement in Righteousness Ps. 89. 14. Ps. 9. 8. So he alwaies pleads with Malefactors and judgeth them face to face Ezech. 20. 35. Thus he proceeded against and judged the very first Offenders Eve Adam and the Serpent for the first offence in the world after the Creation summoning all three of them before him and impeaching and hearing their Answers to his Charge and last of all giving a particular judgement against each of them according to their Offences Gen. 3. 8 to 20. as a President for all other Judges to imitate And thus God and Jesus Christ will proceed in the last general judgement of the whole world when all Mankind and every Person good or bad from the Creation till the worlds expiration shall be summoned and personally stand and appear before the judgement Seat of God and Christ where every one of them shall give a particular account of himself to God of whatever he hath done in the Body whether it be good or evil and we and our Secluders too amongst the rest and be judged according to their works and receive a particular sentence of Condemnation or Absolution as Eccles. 12. 14. Mat. 25. 33 to 46. Rom. 14. 10 11 12. 2 Cor. 5. 10. Rev. 20. 12 13. Mat. 12. 36. Rom. 2. 1 2 3 to 13. resolve Upon all which premises we conclude the Votes Proceedings against us by our Fellow-Members to be erroneous injurious unrighteous nul and void to all intents And if they and the Army-Officers for want of Law Reason Presidents shall still endeavour as hitherto to make them valid and obligatory to us and those we represent only by Club-Law and violence We shall then conclude as the Lords and Commons and most of themselves heretofore did in their Declaration of August 4. 1642. against the King and his forces who were never guilty of so high a violation of our Privileges as those now sitting * If the King may force this Parliament by demanding only 6. Members of it and our Secluders now by excluding above 200. at once by force and Arms we may bid farewell to all Parliaments from ever receiving good by them And if Parliaments be lost the People are lost their Laws are lost as well those lately made for Triennial Parliaments and the continuance of this against the Council-Tables Extravagances c. as in former times which will be cut in sunder by the same Sword now drawn for the destruction of this by ours and others forcible seclusions Then if they will not come and help the Parliament and save themselves though both they and we must perish yet have we discharged our Consciences and delivered our Souls and will look for a Reward in Heaven should we be so ill requited upon Earth by thâ—se of whom we have so well deserved which we cannot fear having found upon all occasions such real Demonstrations of their Love and Affection and of their râ—ght understanding and apprehension of our and their common Danger especially now that the Question is so clearly stated We shall only subjoyn 3. Considerations more in point of Law and prudence arising from our forcible seclusion and exclusion by the minority of our fellow Members 1. That both Houses and most of themselves have declared in their s Declaration of 23. Octob. 1642. that the raising of forces only to force some particular Members of this Parliament as the 6. impeached by the King to be delivered up and secluded the House is a levying war against the Parliament For to raise an Army to compell the Parliament to expose these Members to the fury of these wicked Counsellors that thirst after nothing more than the ruine of them and the Commonwealth What can be more evident than that the same is levied against the Parliament For did they prevail in this then by the same reason they might dâ—mand twenty more and consequently never rest satisfied untill their Malice and Tyranny did devour all those Members they found crosse and opposice to their Lewd and Wicked designs And so by depriving the Parliament of their Members destroy the whole Body That both Houses in their Votes of 20 Maii 1642 t resolved That the levying war against the Parl. is Treason and whoever shall assist the King though the chief Member and u head of the Parliament much more then any inferior Members of it in such a Warr are Traytors by the Fundamental Laws of the Kingdom and have been so adjudged by two Parliaments 1â—R 2. 1 H. â— and ought to suffer as Traytors Which Votes were seconded by many x Ordinances for sequestring and confiscating the real and personal estates of all Members of Parliament and others who sided with the King and his Forces against the Houses of Parliament by the condemnation of Mr: Waller and execution of Mr. Tomkins and others as TRAYTORS y for conspiring to seise several Members of both Houses by force of arms under a pretence of bringing them to justice by a Commission from the King dated 16 March 1643. though they actually attempted not to seâ—fe any Member By the proceedings against the * Members of both Houses deserting the Parliament under pretext that they were forcibly driven away from Westminster by seditious Tumults and imposed trayterous Oaths summoned to meet at Oxford by the Kings Proclamation of Jan. 29. 1643. where 49. Members of the Lords House and 175. of the Commons House assembled and sate in Council with the King and yet for levying war against the majority of the Parliament and both Houses sitting at Westm. they were are all of them sequestred and after several summons discharged to sit in either House by a special Ordinance (z) some of the said Lords together with the King himself condemned and executed as Traytors for levying war against the Parliament and majority of the Mâ—mbers at a great distance not personally in or at the House doors without seâ—uring or secluding any Members or interrupting their sitting in the House by armed forces If then it were high Treason in the King and his party to raise forces to demand and secure but 6. Members of both Houses by force and for the minority of the Lords and Commons house to levy war against the majority of the Parliament only at a distance for which they were thus sequestred condeâ—â—ed executed as Traytors even by those now sitting as well before as after our seclusion we refer it to their own Consciences Judgements and the whole Kingdom to determine whether it be not a higher and worser Treason levying war against the Parliament for them being but the Minority of the House and Members to engage and order the very * forces raised against the King and his party
Nations serious consideration and of a full and free Parliament as thus stâ—â—â—d in matter of Fact and debated in point of Laâ— 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 freeâ— 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 dâ—e regard had to tender Consciences intollerable publick burthens eased as comprehensive an Act of Oâ—lâ—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 Jonaâ—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
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 Mal. 2. 10. Have we not all one Father Hath not one God created us Why do we deal treacherously every man against his Brother by prophaning the Covenant of our Fathers 1 Cor. 6. 8. Nay you do wrong and defrand and that your Brethren LONDON Printed and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. A FULL DECLARATION OF THE True State of the matter of Fact Concerning the SECLUDED MEMBERS OF THE House of Commons OF THE Parliament Begun at WESTMINSTER November 3d. 1640. FOr the clearer stating of their Case it will be necessary to have a retrospect to the year 1642. and to observe down-wards such Proceedings as had a direct influence upon this matter In order whereunto it must be considered that in the said year some mis-understandings arising between the King and his two Houses of Parliament concerning some evil Counsellors about the King at which style his Mâ—jesty took offence the two Houses in their a Declaration of the 19. of May 1642. have this expression in answer thereunto We his Majesties loyal and dutifull Subjects can use no other style according to that Maxim in the Law the King can do no wrong but if any ill be committed in matter of State the Council if in matters of Justice the Judges must answer for it They add further b We cannot but justly think that if there be a continuance of such iâ—l Counsellors they will by some wicked device or other make the Bill for the Triennial Parliament and those other excellent Laws passed this Parliament of no value And we are resolved the gracious favour of his Majestie expressed in that excellent Bill for the continuance of this Parliament and the advantage and security which thereby we have from being dissolved shall not incourage us to do any thing which otherwise had not been fit to have been done And after by their c Remonstr of the 26 of May 1642. they gave this as a Character of those evil Counsellors viz. These are the men that would perswade the People that both Houses of Parliament containing all the Peers and representing all the Commons of England would destroy the Laws of the Land and Liberties of the People wherein besides the trust of the whole they themselves in their own particulars have so great an interest of honour and estate That we hope it will gain little credit with any that have the least use of reason that such as must have so great a share in the misery should take so much pains in the procuring thereof and spend so much time and run so many hazards to make themselves slaves And they conclude that Declaration with these words We doubt not but it shall in the end appear to all the world that our endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion the Kings just Prerogatives the Laws and Liberties of the Land and the Privileges of Parliament in which endeavours by the grace of God we will still persist though we should perish in the work which if it should be it is much to be feared that Religion Laws Liberties and Parliaments would not be long lived after Vs Jealousies and differences increasing between the King and the two Houses they came at length to an open war in the entrance whereunto the Lords and Commons assembled in Parliament published a Declaration in Aug. 1642. in the preamble whereunto they assert d That a Malignant party was then in armes against them to the hazarding of his Majesties Person and for the oppression of the true Religion the Laws and Liberties of this Kingdom and the power and Privilege of Parliament all which every honest man is bound to defend especially those who have taken the late Protestation by which they are more particularly tyed unto it and the more answerable before God should they neglect it And finding themselves engaged on a necessity to take up armes likewise for the defence of those which otherwise must suffer and perish they did then think fit to give that account unto the world to be a satisfaction unto all men of the justice of their proceedings and a warning to the People to let them see the necessity and duty which lay upon them to save themselves their Religion and Country In the body of the e Declaration they charge the Malignant party with an endeavour to possess the People that the Parliament will take away the Law and introduce an Arbitrary Government a thing which every moral man abhors much more the wisedom justice and piety of the two Houses of Parliament and in truth such a charge as no rational man can believe it it being impossible so many several persons as the Houses of Parliament consist of about * 600. and in either House all of equal power should all of them or at least the Major part agree in Acts of will and Tyranny which make up an Arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they enjoy their Estates are protected from any Act of violence and power and differenced from the meaner sort of people with whom otherwise they would be but fellow-servants They then further charge the said malignant party f to have combined to bury the happiness of the Kingdom in the ruine of the Parliament and by forcing it to cut up the freedom of Parliament by the root and either take all Parliaments away or which is worse make them the instruments of Slavery to confirm it by Law and leave the disease incurable With compelling the trained Bands by force to come in and joyn with them or disarming them and putting their arms into the hands of lewd and desperate persons thereby turning the Arms of the Kingdom against it self And with an intention to destroy the Parliament and be Masters of our Religion and Liberties to make us slaves and alter the Government of this Kingdom and reduce it to the condition of some other Countries which are not governed by Parliaments and so by Laws And upon these grounds they conclude that Declaration in these words g Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true Religion the Kings person honour and estate the power and privilege of Parliament and the just rights and liberties of the Subject And for the prevention of this mischievous
Armor 1. cl 5 E. 2. m. 22. 31. dors cl 2 E. 3. dors 31. 4 E. 3. Rot. Parl. n. 1. 2 E. 3. c. 3. 6 E. 3. rot parl. n. 1. 13 E. 3. n. 2. 14 E. 3. n. 2. 15 E. 3. n. 2. 17 E. 3. n. 3. 18 E. 3. n. 2. 20 E. 3. n. 1. Cooks 4. Instit. p. 14. Exact Abridgement of the Records of the Tower p. 11 13 14 17 19 22 27 30 43 46 51 76 78 195. Therefore the forcible seclusion of the majority of the Members by armed force and Votes backed therewith is most illegal and unparliamentary 2ly That (b) every Member of Parliament is bound to attend the Parliament and freely to sit vote therein during its contiance and never voluntarily to absent himself or depart without special license under pain of Amerciament losse of wages and other penalties as is both enacted and resolved 3 E. 3. f. 19. Fitz. Corone 161. 5 R. 2. Stat. 2. c. 4. 18 E. 3. rot parl. n. 5. 8 H. 4. n. 55. 31 H. 6. n. 45. Cooks 4 Instit. p. 15 16 17 40. 9 H 8. c. 16. Stamford l. 1. c. 2. f. 153. Exact Abridgement p. 13 14 43 142 194 281 361 653. The Order of the Commons House 19. August 1643 and Ordinance of both Houses 9 Octob. 1643. Collection of Ordinances p. 274 357. the Commons Declaration Septemb. 5. 1648. 5 E. 3. dors 7. 4 E 3 dors 23. Therefore the majority of the Members neither may nor ought to be forcibly secluded and hindered from sitting and voting especially by the Minority 3ly That (c) when any considerable number of the Members of Parliament through shortness of warning foâ—d weather or any other occasions have been absent from the House the Parliaments have constantly been adjourned and put off till a further day and nothing acted by those who appeared in their absence till the absent Members comming and the Houses were fulâ— as is is evident by Claus. 2 E. 3. dors 31. 15. 6 E. 3. Rot. Parl. n. 1. 6 E. 3. part 2. n. 5 6 8 9. 8 E. 3. n. 5. 15 E. 3. n. 4. 17 E. n. 2. 20 E. 3. n. 5. 21 E. 3. n. 4. 22 E. 3. n. 1. 25 E. 3. n. 1. 29 E. 3. n. 4. 30 E. 3. n. 1. 37 E. 3. n. 1. 42 E. 3. n. 1. 50 E. 3. n. 1. 51 â— 3. n. 2. 1 R. 2. n. 1. 2 R. 2. n. 1. 3 R. 2. n. 1. 4 R. 2. n. 1. 5 R. 2. n. 65. 6 R. 2. n. 6. 7 R. 2. n. 1. 9 R. 2. n. 1. 8 H. 4. n. 54. The reason whereof is because Nothing ought to be acted in Parliament by any party or faction but in or by a full Parliament when all or most of the Members representing all the Kingdom are present Cl. 23 E. 1. d. 4. 34 E. 1. c. 1. 20 E. 3. rot Parl. n. 46. 21 E. 3. n. 65. 25 E. 3. n. 10. 51 E. 3. n. 25. 2 R. 2. n. 26. 10 R. 2. n. 35. 11 R. 2. n. 8. 21 R. 2. n. 71. 5 H. 4. n. 17 30 44. 6 H. 4. n. 25. 39 H. 6. n. 10. 1 R. 3. Wherefore their seclusion and ejection of the Majority of the Members behind their backs in a thin and empty House not the fixt part of a full House of Commons and their Votes and Orders not only without but against them must be unparliamentary and unwarrantable 4. That as in * Elections in the County so in Votes the Vote of the Major part of the House upon any question put is the Vote and judgement of the whole House including and binding the dissenting Minority as all Journals Records of Parliaments Statutes Law-Books and experience resolve and the practice of those now sitting Therefore the dissenting Minority can neither censure nor eject the Majority of the House for their Vote of Decemb. 5. carried without any division and by above 2. parts of 3. then present without ejecting and dissolving the whole House and themselves too whose Vote was included in theirs and subverting the very essence and foundation of all Parliaments 5. That every * Member present in the House at the putting of any Question then debated is bound by orders of the House to give his Ay thereto or No according to his judgement and conscience freely and uncontroulably without the least question check or censure This freedom of debate Voting and speaking the mind being the grand essential Privilege of Parliaments giving both the name and essence to them which every Spâ—ker demands and every King granted at the beginning of every Parliament and of this now sitting Therefore for the Minority of the House by the Army-Officers Proposals and Desires to make it criminal and a breach of Trust demeriting not only censure but suspension exclusion and ejection out of the House and that not in one or two Members but the Majority of the House the house it self as in our present case only for the Vote of Decemb. 5. 1648. touching the Kings Concessions and no Vote else whatsoever in any other Parliament or this before or since this Vote is not only the extremity of partiality and injustice but an utter subversion of the very essence name and foundation of Parliaments themselves without President in any Age 6ly If one single Member alone give his Ay or N to any Question proposed against all the rest of the house though the Question seems most clear and undisputable yet he is neither censurable nor questionable for it because it is his privilege and freedom as a Member as was resolved in Dr Pâ—rryes case in the Parliament of 27 Eliz. reported by Scobel out of the Journal who gave his single No against the Bill against Jesuites and Recusants and in the cases of all single Ayes or Noes or but of 2 or 3. Members against all the rest in all former Parliaments and this last who were never once questioned or suspended for them nor ordered to retract their single Votes Therfore the suspension ejection of the Majority of the house for their Vote of Dec. 5. after so long great debate given upoÌ„ the greatest grounds of Conscience Law Justice Prudence Reason and publick safety and for their refusal to retract and protest against it by order of the minority of the Noes entring their dissents against it during their forcible seclusion from the house must questionless be most Antiparliamentary erroneous injurious subverâ—ive to the freedom of Parliaments 7ly That a matter (f) once debated and put to the Question in the House especially when full and free carried in the Ay or No by the majority of the House without any surprize or fraud as the Vote of Dec. 5. was against all force and menaces to prevent it ought to stand as the judgement of the whole House and cannot by the rules of Parliament be questioned again or nulled and revoked especially by the minor part in the
absence and forcible seclusion of the Major during that session of Parliament no more than an Act or a judgment given and entred in the g Courts of Westminster reversed in and by that Court which gave it because all Votes and Judgements would otherwise be nugatory arbitrary reversed and nulled over and over and debates concerning them endless as was resolved in Sir Francis Goodwins case upon long debate 27 Martii in April Anno 1604. and oft before and since Therefore our Vote of the 5th of Decemb. could neither be questioned nor repealed by the dissenting miâ—ority nor protested against but stands still in force much lesse then the majority who assented to it be suspended ejected the House by the minority for not retracting and entring their Protests against it being a practice fatal to all Votes and Parliaments if admitted just in this passed upon so full a debate 8ly That (p) no Member ought to be questioned for any offensive words displeasing to the whole House or any particular Member let fall upon any debate unlesse exceptions be taken to his words the same day before he goeth out of the House and satisfaction given or judgement inflicted on him the same day But no exception at all was taken to the Debate or Vote of the secluded Members by the House or any Member thereof the same day nor in several daies after but only by such Army-Officers out of the House who were no Members and not privy to the debate Therefore they ought not to be suspended and excluded for it many weeks months and now ejected out of the House for their Vote alone and debates thereupon above 11. years after 9ly i That the Speaker himself by his Letter Iuly 29. and both Houses by their printed Ordinance of August 20. 1647. declare and resolve all Votes Orders Ordinances Declarations passed in the House whiles under a visible force and the Members forcibly driven from it or unable to repair to or â—it in it with freedom and safety to be null and void to all intents and if that force upon 50. or 60. of them now sitting by Cromwell Apr. 20. 1653. Lambert and others Oct. 13. 1659. was Antiparliamentary Treasonable and but a mere interruption not dissolution of their Session nor an inability for them to sit again though some of those who ejected and declared them dissolved were then Members of the House backed with the Army Then by the self-same yea better reason the former late present Orders and Votes for the suspension exclusion and ejection of the majority of the Members out of the House made by the minority whiles sitting under an actual force secluding them by Commands of them now sitting must be null and void to all intents and no wayes disable them from sitting when the armed force secluding them is removed 10ly That the (b) House of Lords heretofore in the Parliament of 2 Caroli when the Earl of Arundel a single Member of their House was imprisoned and restrained by the King without their privity from sitting in the House and since that (c) both houses Ian. 5. 1641. at the beginning of this Parliament when the King impeached and only demanded the Lord of Kimbolton and the 5. impeached Members of the Commons House whereof Sir Arthur Haslâ—rigg was one without seising either of them adjourned and refused to sit or act as an House till their Members were restored to sit in saftty and this high breach of their Privileges vindicated Therefore by the self-same Rule and Presidents they ought not now to sit and act till the former and last violations of them by the Army-Officers and their Gards forcible seclusions and securings of them by their order be vindicated and they restored to sit and act freely in the house with safety without any future Interruption 11ly That no particular member of Parliament in the Commons house by the constant course proceedings and presidents in our Parliaments may or ought to be censured imprisoned suspended or ejected the house unlesse he be 1. Particularly accused or impeached of some misdemeanour crime or breach of trust deserving imprisonment suspension or exclusion 2ly Particularly summoâ—ed and resummoned to answer his charge if absent or commanded to answer it if present in the house 3ly Freely admitted to make his particular answer and defence thereunto in the house where he is to fit and vote as a Member till convicted or suspended by special Order 4ly Legally convicted by his own Confession evidence or witnesses produced face to face 5ly Particularly sentenced by judgement pronounced against him at the Bar and that judgement particularly entred against him by name in the Iournal-book or Records of Parliament This is evident by the antient Presidents of Sir William Courtney An. 16 R. 2. rot Parl. n. 6. Of Roger Swinerton An 17 R. 2. rot Parl n. 23. Thomas Thorpes case 5 H. 4. rot Parl n. 38. by Thomas Thorps case when Speaker 31 H 6. Rot. Parl n. 25 26 27. Arthur Halls case 17 Maii 4 Febr. 1580. Peter Wentworths case 8 Febr. 1575. Thomas Longs case 8. Eliz. entred in the Journall reported in Cooks 4 Institutes p. 23. and Scobels Memorials c. 12. in Sir Edmond Sawyers case Saturday 21 Junii 1628. The Earl of Straffords and Archbishop Lauds cases and trials upon their Impeachments of high Treason this Parliament as Members of the house of Pâ—ers the cases of sundry Members put out of the house of Commons in the beginning of this Parliament 1641 1642 1643. The Proceedings of both houses against their Members who contrary to their trusts (a) deserted the Parliament withdrew themselves voluntarily from it and took up arms against it who were 4. times summoned to attend the Houses which they neglected to do without any disability or new Ingagement put upon them before they were disabled by Iudgement to sit in the house during this Parliament in which Judgements they are particularly named and after that by a general Ordinance of both houses 29 Junii 1644. the Judgement against them was confirmed as is evident by the * Journals of both houses And the proceedings of those now fitting since their Vote of Jan. 5. against Sir Henry Vane Jan 9. and Col. Sydenham and Major Saloway since who were all permitted to sit and vote in the house till particularly impeached heard convicted and received their judgements at the barr before they were ejected or suspended though they joyned with the Army-Officers who excluded them October 13. both in Councils and Actings against their restitution Which being denied only to all and every of the secured and secluded Members and to them alone though the majority of the house guilty of no crime meerly for their Vote Dec 5. and were forcibly secluded both the House and Lobby Dec. 27. and voted out of the House Jan. 5. 1659. without any accusation hearing defence conviction or particular judgement against any of them by name
must needs be the extremity of Anti-Parliamentary Injustice especially in those of the Long Robe sitting in and advancing themselves to the Seats of Justice in all the Courts of Westminster 12. It is the undoubted Privilege and Birth right not only of Members but of the meanest despicablest and most flagitious Commoners of England if complainants or petitioners to be admitted freely both into the Lobby and Commons House without forcible seclusion to present their complaints grievances for their relief or redresse or if a Delinquents to be accused summoned heard duly convicted and particularly sentenced at the bar by name before they be committed or sentenced as all Parliamentary Records Journals daily experience attest Therfore that the Majority of the Members persons of greatest Eminency Interest Integrity representing most Counties Cities and Boroughs of the Realm should be denied that justice and privilege which the meanest Commoners and most execâ—able Delâ—â—quents enjoy as their Birthright only for their Vote and that by their Fellow-Members the greatest pretenders to publick Justice Liberty and Saintship is not only Anti-Parliamentary and Injurious but stupendious in the sight of God Angels Men and the whole Nation 13ly The whole House of Commons and some of our secluders in the case of the XI Mâ—mbers impeached by the Army 9. of them now secluded upon long and full debate June 25. 1647. Resolved unanimously on the Question without one dissenting Voice as to part of the Armies general charge against them for something they had spoken and done within the House That it did not appear that any thing had been said or done by them in the House touching any matters contained in the charge or Papers sent from the Army for which they could in justice suspend them from â—itting and Voting in the House In the debate whereof they all concluded it was a high breach of Privilege for the Army or any others out of the House to impeach any Members for things spoken or done within the House whereof the House alone is to take notice and be the sole Judge Therefore by this very Vote and resolution the House upon the Armies Proposals and Desires alone ought not in justice to suspend much lesse forcibly to seclude and eject us only for our Vote within it and it was a transcendent breach of the Privileges of the House to receive their Proposals Decemb. 6. and their Answer January 3. complaining against our Vote and to make it the only ground of our suspension and seclusion ever since and now of our Ejection 2ly They then unanimously resolved That by the Laws of the Land no Iudgement can be given to suspend those Members or any of them from sitting in the House upon the Paper presented from the Army before particulars offered and proofes made against them Therefore they cannot suspend seclude and eject both them and the Majority of the whole House now from sitting or Voting with them any more only for their Vote without any other particular charge heaâ—ing conviction or Judgement pronounced against them at the bar 14ly Had this Vote and judgement of Supension and Discharge been given against any one of the suspended Members in a full and free house and Parliament and ratified by an Act or Ordinance of both houses without any legal summons tryal and hearing at the Bar yet it had been erroneous null and void and ought to be reversed as such and that by the expresse judgements and resolutions of the Parliaments of 28 E. 3. Rot. Parl. n. 7 to 14. 29 E. 3. n. 29. in the case of * Roger Mortymer Earl of March who in the Parliament of 4 E. 3. Rot. Parl. n. 1. was impeached in Parliament of high Treason for murdering of King Edward the 2d after his deposing for accroaching to himselfe Royal Power and the Government of the State over the King For comming to the Parliament at Salisbury with force and arms contrary to the Kings Writ and Prohibition under his Seal That none should come to the Parliament with force and arms under pain of forfeiting all that he could forfeit to the King Whereupon the Earl of Lancaster and others of the Lords by reason of his force came not at all And when in the Prelates were there assembled in an house at the said Parliament to consult about the affairs of the King and Realm The said Roger broke open the Doors of the House upon them with men at arms and threatned them of Life and of Member if they should be so hardy to speak or do any thing against his Will and Ordinances And did so much in the same Parliament that the King made him Earl of March and gave him many Lands and Tenements to the dis-inheriting of the Crown And afterwards the said Roger and those of his confederacy led the King armed against the Earl of Lancaster and other Peers of the Land to Winchester where they were comming towards the King to the said Parliament at Salisbury Whereupon the said Earl and other Peers of the Land to avoid the peril that might happen out of reverence to the King departed and went towards their Country grieving that they could not speak with nor counsel the said King as they intended and ought to do And for several other grand misdemeanors drawn up and entred in the Parliament Rolls in 14. Articles in French Upon these Articles by reason of the notoriousness of the Facts he was by Judgement and act of Parliament condemned and executed as a Traytor in 4 E. 3. without being brought personally to answer or make his defence at the Bar and his Lands forfeited to the King Whereupon in the Parliament of 28 E. 3. Roger Mortymer Earl of Worcester his Cousin and Heir by Petition prayed That this Act of his Attainder might be examined and the judgement against him reversed for manifest errors therein Whereupon the Record was brought into the Parliament and the Articles Judgement and Proceedings read at large Which done it was alleaged That the judgement was defective and erroneous in all points not for the substance and Truth of the charge but for that the said E. was put to death and dis-inherited Sans nulle accusement et sans estre mesne au juggement ou en respons without any accusation face to face and without being brought to judgement or to answer For which cause it was prayed the said Act aâ—d Iudgement might be reversed and annulled And for these Reasons our Lord the King Prince Dukes Earls and Barons by * accord of the Knights of Counties and of the Commons reversed and annulled the said Records and Iudgements and adjudged them erroneous and void And the Parliament of 29 E. 3. did likewise confirm and assent thereto as the Parliament Rolls attest If then this Judgement though ratified by an Act of Parliament upon particular Articles of Impeachment true in substance against this Arch-traytor and first forcer of Parliaments by armed men extant on