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drooping spirits of men, groaning under the burden of tyrauuical oppression, inflicted on them unjustly and maliciously, by unmerciful and wicked men that have usurped unto themselves places and othces of power and authority both in church and state.—Sir, this great and high court, is not only the powerfullest of all other courts whatsoever, but the prudentest and wisest, made and compacted not only of men sound in religion and. well learned, but ripe in their judgments, selected from all parts of this kingdom, elected and chosen with the free consent of the whole body politic of the kingdom: this great and high council is not only of such power and wisdom, hut endued and attended with the most and greatest privileges thereof, that not only the meanest of his majesty's subjects, but the greatest personages ot the kingdom, arc in danger, if infringers of the same, to be called In question, and by them punished ; therefore give me leave, sir, to speak (omenhat of the Privileges in this particular incident, and appertaining to this wise senate: and, in speaking thereof, 1 shall ohserve these three particulars: 1. The Rights and Privileges belonging to the same, in the free votes and judicature thereof. 2. The Rights and Privileges belonging to the power and jurisdiction thereof. 3. The Uights and Privilege in the continuance thereof; being freely called and assembled by his majesty's authority, not to he dissolved or broken up until all things agitated therein, for the good both of church and commonwealth, be fully concluded and determined.—First, Sir, concerning the Privileges of a Parliament, belouging to the free votes and judicature thereof, I shall observe these three particulars: 1. To speak freely, without interruption or contradiction, in any debate, dispute, or argument, upon any business agitated in the same, being a member thereof, I conceive to be one priv ilege of a parliament. !. Not to be questioned, on any such free dispute, argument, or debate; nor to be taxed or accused for the same, either during the free sitting thereof, or after, is another. 3. Freely to give vote, judgment, or sentence, upon the reading of any bill to be made a law, or any hill, either of attainder or other charge, against delinquents and criminous persons ugaiust the state, at their trial upon the same, is a third. 4- To defend and maintain the free vote, judgments and sentences of the whole house, by Protestation, Remonstrance, or other Declaration, if not consented unto, or opposed by the house of lords, is a fourth privilege. 5. For any member of the house, not to be accused of any crime, or impeached for treason by any person whatsoever, during the continuance of the parliament, fur things done in the same, without legal accusation, and prosecution of any such member by the whole house, is another privilege. 6. Not to be apprehended upon such impeachment, or arrested by any officer; or to have their studies broken open, or books and writings seized upon, without consent or warrant of the whole parliament, is another

privilege of the same. And thus much, sir, shall suffice to be spoken concerning the Privileges and Rights of Parliament, appertaining to the subjects of which I am to speak.—I come now to the second thing, which was, the Rights and Privileges belonging to the power and jurisdiction of the parliament, in which I shall observe these particulars: 1. To consult and consider of what laws are fit to be made and enacted in this kingdom, for the good government thereof, is one privilege. '2. To justify oi abrogate, repeal or make void, to ratify and confirm, establish and maintain, laws, statutes, and ordinances, made and enacted by precedent parliaments, by councils of state, or other courts of judicature, is a second privilege. 3. To give Subsidies, to raise taxes, to impose loans, and other charges upon the subject, is another privilege. 4. To accuse or impeach any incendaries or delinquents in this kingdom of any crime notorious, tending to the prejudice of his majesty, or any of his loyal subjects, whether it be for treason or otherwise, be they membersof the parliament ornot, is another privilege. 5. To prosecute and bring to judgment such persons so accused, or impeached for any crime whatsoever, is another privilege. And thus much of the Rights and Privileges belonging to the power and jurisdiction of a parliament. —And now, sir, I come to the last thing I mentioned to you, concerning the Privileges belonging to the continuance and free sitting of a Parliament, till ail tilings be concluded on for the good government of church and state; in which 1 shall also observe, these, particulars: 1. That for a parliament, when freely called and assembled by royal authority, not to be compelled to debate any one particular business appointed by any person whatsoever, is one privilege. 2. N ot to break oft', or dissolve a free parliament, until all the grievances and oppression of all his majesty's loyal subjects be fully redressed and remedied, is a sccond,privilege. 3. Not to break off, or dissolve a free parliament, till all incendiaries and delinquents in the state be brought to condign punishment for their crimes: anil, 4. Not to accuse or impeach any member of the parliament, thereby to hinder and,interrupt the legal proceedings thereof, in the weighty affairs ot'tiic commonwealth, is another privilege belonging to the continuance of a parliament.—-And, thus having briefly declared to you the Power and Jurisdiction of a Parliament, above all other courts of judicature in this land; the wisdom and policy of a parliament, above all other councils; the rights and priv ileges of a parliament, in respect of the free votes and judicature thereof; the power and jurisdiction thereof; and the free continuance thereof; I humbly ieave to the consideration of this house,\Vhether the accusation of the gentlemen, accused by his majesty, and the illegal breaking open, upon this their accusation, of their chambers, trunks, and studies, be not a Breach of some of the Privileges of Parliament which I have mentioned unto you.'

Mr. Glj/nn, (member for Westminster) spoke thus :—' Mr. Chairman, We sit now upon that grand business of the Breaches of the Rights and Privileges of Parliaments, which are so many and great; so carefully preserved and de/ended in former times, by severely punishing the infringers thereof; that I had thought and conceived that no subject, of what degree or dignity soever, would either in their own persons, or by misinforming his maj. concerning the same, have presumed to have intrenched, in the least measure, upon the free liberty, rights, and very being of parliaments, or tending to the breach thereof. But, sir, I perceive by the perverseness of divers persons in places of authority, that they dare not only presume to provoke his maj. by their political misinformations, but dare attempt, o( themselves, to resist the lawful power of the king and his hie,h court of parliament.—Sir, these men dare venture to cast aspersions, and spread abroad evil reports, not only of the members, but of the proceedings of the commons against them and others of their adherents and favourites in their wicked and desperate designs against their law ful sovereign and his liege people —I conceive, sir, did these persons but remember the many precedents, yet extant, of the just and deserved punishments, inflicted by former parliaments, upon such miscreants ; as witness the nop. of York, the earl of Suffolk, chief justice Belknap, and the rest of that conspiracy, in the reign ofRd. 9. they would have prejudged to themselves the like danger would follow upon them 'jr their evil actions.* Nay, sir, did these men but consider with themselves the just judgments of God that have immediately lighted upon the necks of such as have been the troublers of kingdoms and commonwealths, whereof they have been members, as well recorded in sacred writ as of late times in this kingdom yet still fresh in memory, they would have laid their hands upon their mouths and hearts when they went about to speak or do any thing tending to the dishonour of Almighty God; in innovating of his true religion, and corrupting the sincere doctrine and discipline of Christ and his apostles; as also any thing tending to the dishonour and perpetual destruction of his royal majesty, (however otherwise they may pretend) the fundamental laws and liberties of this kingdom, the rights and privileges of parliament, and the very being thereof: but surely, sir, they are altogether benumbed and stupified, their consciences dead and scared, their lives and conversations altogether devoted to the works of darkness and impurity; their desires altogether sensual, carnal, and devilish; forgetting God, kicking and spurning, with maliciousness, against all piety and godliness; or else they would never have adventured to practise such things, as it is too manifest they have done.—Sir, I intend to he brief in that which lam to speak, con

* See the proceedings at large, in Vol. I, p. 198,

cerning the Breaches of the Privileges of Parliament. 1. To inform his majesty of any proceedings in the bouse of commons, upou aiiv business whatsoever, before they have concluded, finished, and made ready the same to present to his majesty, for his royal asset thereunto: 5. To misinform his majesty, contrary to the proceedings in parliament, tbcrtbt to incense and provoke him against the same: 3. To cause or procure any information oraccusation to be brought or preferred, withoti the knowledge or consent of the parliament, into the house, against any of the member! there: 4. To apprehend any such accused, t-i imprison their | ersons, to sei/c upon the." goods or estates, to prosecute and proceed against them, to their trial and judgment, M condemnor execute them upou such accitition, without the consent or advice of the parliament: 5. To endeavour to cast an enl opinion of such members accused, into tne hearts of his majesty's loyal subjects, whereby they, disaffecting them, may be willing and ready to put in executiou any command or warrant for their apprehension and imprisonment: C. For any officer or Serjeant to come, in open parliament, to demand and arrest ant such member accused, be it of high treason or any other crime whatsoever, without the knowledge of the whole house: 7. To come to a parliament, sitting in free consultation, assisted and guarded with armed men; and with them, sitting the house, to demand, as it were, vi ft armis, such members accused: 8. To procure to be set forth, or to set forth under his majesty's name, any Proclamation or Declaratiiffi, prohibiting the repair of such persons accused to the parliament as members thereof, and ro apprehend them in what place soever they shall be found, without the advice and consent v\ the whole state, assembled and sitting in free parliament; all these are manifest Breaches oi the Privileges of Parliament.'

Mr. Mayiiard (member for Totness) spoke as follows:—•' Mr. Chairman; The intermission of parliaments, so long together, hatli been the only cause, I confidently believe, of all those evils and troubles that have happened upon this and the other his majesty's kingdoms. The perverse nature of man is so froward and crooked, that it is always inclined and bent to do nothing but that which is evil: without restriction, either by the powerful preaching oi the word of God, wholesome and pious discipline in the exercise of religion, and good ia« made for the strict observance and performance of the same, under pain of severe punishment for not obeying thereof: I say, without restraint by such means, the corrupt nature of tliefiesa is not to be curbed; but will go on to the committing of all manner of wickedness, bo's against God, his king and country: And, sir, the only means to preserve and enjoy the sincere and pure teaching of God's Word, and pious discipline, by wholesome laws enacted and made for that purpose, is by a parliament; by that great and wise council expert in all the or dissolute awl disaffected Protestants, or Baal's Priests, that halt between divers opinions, in part Protestants, in part Papists, and in part Arniinians; if ihey will but look into tliis glass, it nil! clearly discover and cure them.—And thus, sir, having spoken something of the nature of a parliament, and of the sovereignty thereof in discovering aDd curing all diseases in n common-wealth, I come to speak a word or two of the fights and privileges appertaining nnd belonging to a parliament. 1 know right well the gentlemen who have gone before me, have set forth, clearly and learnedly, the Privileges thereof. I shall only speak concerning that privilege, which one of them hath already mentioned, ' Not to be questioned or accused, (for or concerning any vote, argument, or dispute, as members of a parliament, during the free sitting thereof) either in the continuance of parliament, or after the same be dissolved or broken off, cither legally or illegally.' That which I shall only speak of, is the Breach of this grand Privilege of Parliament, as I conceive, by accusing of High Treason those six worthy members of the same, during the continuance thereof, for matters debated on, and done in the same, as members thereof; and, upon this accusation, to break open their chambers, trunks, and studies, and seizing on their books and writings: These, I | conceit e, are great breaches of this privilege, i for these reasons: 1. If to be questioned for | free debating, or arguing, in parliament be Jio breach of this privilege, then we-cannot safely intermeddle with, or agitate any business whatsoever, cither concerning church or state, but what shall be appointed and nominated by his maj. and' his privy council; which is a

"nces of good government, either of a church common-wealth.—A parliament, sir, is the urest looking-glass for a state perfectly to see if in that ever was made; there is no dise, infirmity, or misery, that it groans under

burden of, hut in this glass it. may be perilously perceived, and the original and lie causes that have produced t'le same: i ulass is not only clear and bright to look in, it is medicinal, and of that sovereign po« er

efficacy, that it can cure and remedy ail grievances of the spectators therein, ol what souage, degree, or dignity soever they be; that condition or quality soever the diseusc they are infected withal!; of what protesi or function soever, whether spiritual or poral they are of, if they do bnt look here—lie they infected with pride, haughtiness cart, (if in places of authority) exercising nitty over the king's good people and loyal lects; let them be but brought to look in this s, they may have remedy.—Be they infect»ith too much ease, idleness, and plenty, f the clergy) whereby is produced covetous>, luxury, wantonness, avarice,and all inauof lisciviuusncss; neglecting their duties, heir several places iu the church, as ordif teachers and dispensers of the Word of I; or, being in autliority and places of goiracnt in the church, becoming hoarse and ill in their preaching and dispensation of truth of God, according to the spiritual and -• meaning thereof; or else corrupt iu their trine, teaching tnl.-c doctrine, not the Word >od, but their own inventions,or tbeimcnl and traditions of others; turning the liinto a lye, joining and aikiiiu to the same r own devices, as they are teachers and Litters of the people and children of (rod; u they are iu authority, becoming proud and i-iiiiuded, not contented with their spiritual 08, but usurping to themselves temporal 'diction; exercising cruelty against those

ire faithful nnd painful teachers of the rd, and holy in their lives and conversations; imaging vain and idle persons, scandalous i in their teaching and in rheir lit es: These, y infected with all these sores and dangerulcers, looking but into this ahiss may rec cure.—Be they infected with bribery, slice and {Oppression, (lie they judges, or ■r officers iu places of judicature in this :dom) in their several courts over his mail's subjects, by viewing themselves in this s, they may receive remedy:—Be they iucd with subtle plots, monopolizing devices, they courtiers, othcers, customers, or whater else) thereby procuring grunts, patents,

monopolies; by them oppressing and cxively charging the subject, raising and inking the rates and prices of ell cornmodi, either imported or exported, in this laud; ey look in this perspective, they maybe cur—Be they infected with trcacliery, conspiraor with any other devilish practice or design nst his majesty or his kingdoms, as tbtv are er Pr-! - " '•'

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restriction of the power of parHanicut, given unto the same ly the royal confirmation of his maj. continuing to us, at our meeting, all our rinlits anil privileges. U. If to accuse the members ot treason, for things done in the house, be not a breach of this privilege, then i is it dangerous to sit in parliament upon any business of disorders in the state, and grievani cts of the subject, committed by great pcrsonI ages, as lords and bishops; who may, by their subtle inventions,. induce his maj. to favour I their actions, they pretending all they do is for his honour, maintenance of his prerogative and royal power, and the like. 3. If, upon anv such accusation, the chambers, trunks, and studies of such accused members may be broken open, and their writings seized on, lie not a breach of this privilege, then will it altogether discourage any mail to undertake any service for the good of his country; when he shall perceive be may, at pleasure, he bereaved of such means nnd helps as may enable and make him fit fur the same.—And now, sir, having added to the former speeches what I conceive necessary to the business we have now in debate, tuj humble motion is, That a Declaration may be forthwith draw n, and set forth in print, giving notice to all his majetsy's loyal subjects of the Privileges uf Parliament, and Breaches thereof, 3 U

by tlic accusing of these gentlemen, breaking open tlicir chambers, cVc. and endeavouring to apprehend and commit them to prison; under a certain punishment to he inflicted upon (hose that shall obstinately refuse to observe the same.'

The committee hereupon came to several Resolutions in support of the Privilegesof Parliament; which, upon the report thereof to the house, were digested into one Declaration in form; which, will appear under its proper date.

The King issues out a Proclamation for apprehending hard Kmbulton, 4'C-—and learcx London.] As during the before-mentioned short recess of parliament, the Journals of both houses are necessarily silent, we shall refer our readers to lord Clarendon and Mr. Rushworth for what was further done, in this interval, by the Winy, or the committee of the commons sit* ting then, lirst at Guild-hall, and after at Grocers Hall, in London. We only think it necessary to mention, that the accused members having withdraw!], themselves into the city of London, the king went thither on the jth of Jan. and made a speech to the common council assembled at the Guild-ball, requiring their assistance in apprehending the said members; and dined with one of the sheriffs, nobly entertained. On the (Jth he issued a Proclamation, commanding all magistrates and

The house of lords began with voting, " Tfc: it was fit and necessary to have a strong ai! sufficient G uard, fur the security of both how, that they may sit in safety: and that it va.< t legal way for the houses to require the sucri. of Middlesex and London to attend, font-: purpose, with a Posse Comitatus." At tic same time, the king's Answer to the pariameul's last Itcmunstrance to him fur a Gu.ri was reported f o this effect:

"We having considered the Petition of Mi houses of parliament coucernuig a Guard,?] give this Answer to it. That we will, to stnr: their fears, command the lord mayor of Lffs don to appoint 200 men,*>ut of the tra::« bands of the city, such as he will be answer | ble to us for, to wait on the houses of pa-'.ament; that is to sav, 100 on each house. sM to be commanded by the earl of Lindser; it being most proper to hiin, as being lord gre»5 chamberlain ; who, by his place, liath a par* eular charge of tlie houses of parliament, idl of whose integrity, courage, and sumac** none can doubt."

Lord Kimbolton mores for his Trial.] Tki lord Kimbolton, one of the accused tnenalvxJ moved the lords, "That he lying under n where he was J great a charge, which concerned his life, lu estate and his honour, which is dearest to Ins, (he Attornev General might be commauriiH i

officers to apprehend ai.d carry them to the prosecute the accusation against hiin, and

Tower. And on the 10th, the day before tl parliament met again, the king removed himself and royal family to Hampton-Court; from thence to Windsor; and, other removes, went down to York on the 19tU of March following. Upon this occasion Mr. Whitlockc, observes, " That it wn3 a great wonder to/nnny prudent men, that the king should leave this city, the place of hisi'iid his predecessors usual residence; where most of his fiiends and servants were about him, ttie magazine of all provisions both for war and peace, the place for intelligence and supplies, anil betake himself to the country, where these things were not to be had; and, by his leaving the town, bring gnat disadvantages upon himself and his affairs: this was thought not to have been done advisedly; but .the fears of those w ith him, and his own fears for them, occasioned by great numbers of people gathered together in a very tumultuous manner about W hitehall and Westminster, and his hopes that, by his absence, the heat of the house of commons might in some measure, be cooled, were s-llrgcd in excuse tor this action."

The Parliament meet pursuant to Adjournment.] Jan. 11. This day both houses being to meet again at Westminter, pursuant to adjournment, Mr. Whitlockc, again, informs us, that "The accused members were triumphantly brought from London to Westminster liy water, by a great number of citizens and te.inieit, in boats and barges, with guns and •os, braving as they passed by Whitehall, aud . lar^e protestations, at Westminster, of their W.'*T8Bi* U:C Parliament."

is ready to answer it: but if lie be not read' his lord-hip said, he tendered himself to Iik.f disposal and commands, his own inooerr.cT making him thu- c>n6dent."—The Attorney W m-ral being commanded to speak about lis matter, along with the other prosecutions, Sji< "That what he did was by the express cmtmnnd of the king his master, and not done by his advice; since that he had attended the kit to take his further directions therein, llism*ji *ly told him,That when he wi lit out of tf.>be would leave somen hat with the lord keeper to he laid before this bouse; but upon ha asking the lord keeper, be told him the kirj had not left any, but had scut fur him to attend him speedily."

Ordtrs relating lo the Magazine at //»'/.] This day, sir Philip Stapylton brought up * message to the lords, to acquaiut them, " 11-Jt the commons were uilonmd thjBt there iHull, a Magazine of the king's with Arms it 10,000 men and proportionable ammunition: hut in rigard no great strength is in tlic f.wii. and that the country about is lull of P»pi«t", ill-affected, the commons desire their lortfcbjiw to join with them that some companies of tt:-trained bands, next to Hull, be forthwith put into that town, for the safeguard of it and tl » magazine. The said trained bands to (* under the command of sir John Hotham, wlo hath the command of that town already, by patent from the king." This was agreed to by the lords, with this addition. "That the said sir John shall not deln cr up the town of lin!l. or magazine there, or any part thereof, without the king's authurity signified unto bin hy otf>

nls and commons, now assembled in parllaciu."—Urdered, also, That die king be made miniated with this Order very speedily. Bill to enable the 1'uiiuui.ent to adjourn machts to miy Place.'] Sir Philip Stapyltou, o, brought up a bill, intitlcd, 'An Act that : Lords and Commons may adjourn theinves, respectively, to any place:' which bill s read 3 times in the lords that day, and •scd ncin. con'. The lord keeper was ored to move his majesty, that he will he -.i-ed to give his royal absent to the bill aforeJ, with another lor pressing .Mariners, and a id lor redeeming Captives in Algiers, /'/it Commons dtsire the removal of Sir John ion from being Lieutenant of the Tower.] ucssagc was brought from the commons, to tlicir lordships know, " That, in regard of great jealousies and distractions of l,oudrm, sir John Byron's being lieutenant ot" the *er; the citizens shutting up their shops I giving over trade; and, in regard of their d affections expressed to the parliament, commons desire their lordships to join with a to petition the king, that sir John Byron . be forthwith removed from being lieut. [lie Toner; and that sir John C'snyeia recommended for that place." The lords ng this message into consideration, a great ate arose; when, at last, it was resolved, it this house thinks not lit to join with the iiuous in this Petition; and this vote was lediatcly sent down to them. iucktngjtunuliire I'i lit ion against Bishops, | The last things we shah take -notice of lie business of this Ions day, are 1'etitions >) the connIv of Buck's to both houses, and ;red in tlicir Journals. They were brought In town by divers knights, gentlemen, and holders, to tha number, savs Uusiiwurth,of

unassured of their lives, in whose safety the safety of us and our posterity is involved; we held it our duty, according to our late Protestation, to defend and maintain the same persons and privileges, to the uttermost expence of our lives and estates: to which purpose we are now come to make the humble tender of our service, and remain in expectation of your command and order; to the execution whereof we shall, with all alacrity, nddrcss ourselves, ready, to live by you, or to die at your teet, against whomsoever shall, in any sort, illegally attempt upon you.—May it therefore please this honourable assembly, to assist the ardent prayer of your petitioners, that Popish Lords and Bishops may be forthwith outed the house, of peers; that all Privileges of Parliament (yours and our posterity's inheritance) may he confirmed to you; and that all evil Counsellors, the Achans of tiiis commonweal, may be given up to the hand of justice; without all which, your petitioners have not the least hope of the kingdom's peace, or to reap those glorious advantages, which, the 14 months seed-time of your unparalleled endeavours have given to their unsatisfied expectations. So your petitioners shall be bound to pray, &c."

We find, by the Journals, that this Petition was extremely agreeable to the commons., occasionedby Informations of Plots, &c.] Jan. 12. This day the lords were informed, That there was a design discovered for killing some of that house this night; and, in particular, named the earls of Northumberland, Essex, Holland, Pembroke, and Leicester. The witness to this was one Francs Moor, called, in the Journal, ao Italian, who overheard sqinc discourse between two, in that language, tending thereto. But though the persons accused

ot 4000, riding every one with a primed w ere taken up and examined, yet nothing more f of the Protestation, lately taken, in his came of it.—The Tower of London was next

Their Petition to the common* stand i in the Journals, nud evidently slices tin per of those times:

the .rare of both houses. Informations had j been given, that ammunition and provisions, j in 'great quantities, had been carried out ami m, &c L'pon this the lords agreed with the j tlic Honourable the Knights,^( iti/ens. I n( tllL. commons, That a convenient and Burgesses of the House ot Common,. ( „ll(m| lmilUl be t ro(m(1 tUe Tower, uot„ [)y now assembled in Parliament; I he hum- |.m(j nmJ waMr> ulldcr the commaild of majorHe Petition- ot the Inhabitants ot the ,;ell0ra| Skippon; and that the common council County ot Bucks; „f London might be made acquainted with

Sheweth, That whereas, for mnnr years | this Order.

we have been under very great pressures, ch are clearly set forth in the late Renounce of the house ot commons; the redress eof, which bath for a loug time been by endeavoured with unwearied pains, though with answerable success; having still your eavours frustrated or retarded, and we deed of the fruit thereof, by a malignant facof Popish Lords, lii-hops, and others; and ', of late, to take from us all that little e was left of a future reformation, the very ig of the parliament shaken; and, by the cuievous practices of most wicked coun)rs, the privileges thereof broken in nn unmpled nianiiur, and the members thereof

The Lieutenant of the Ton er sent for by the Loids, but refuses to come.] The lieutenant of the Tower being likewise sent for to attend both houses, he gave this Answer to the message, Thnt he was very ready to attend the pari, recording to their Order; but lie conceived he could not come without his majesty's leave first obtained, iu respect he had received a warrant from him, with a command not to depnrt out of the Tower, without his leave, but tb reside there." A copy of which warraut tho said lieutenant «ent to the parliament.—The lords thought, this refusal of the lieutenant to coine, a high contempt of the Order of in it house, notwithstanding tht king's warrant; l..

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