The privileges of Parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the 5th of January 1659, the day appointed to remember them. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A56193 of text R26909 in the English Short Title Catalog (Wing P4040). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 25 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A56193 Wing P4040 ESTC R26909 09574724 ocm 09574724 43702 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56193) Transcribed from: (Early English Books Online ; image set 43702) Images scanned from microfilm: (Early English books, 1641-1700 ; 1338:14) The privileges of Parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the 5th of January 1659, the day appointed to remember them. Prynne, William, 1600-1669. 8 p. s.n., [London : 1660?] Caption title. Attributed to William Prynne--NUC pre-1956 imprints. Reproduction of original in the Bodleian Library. eng Great Britain -- History -- Charles I, 1625-1649. Great Britain -- Politics and government -- 1625-1649. A56193 R26909 (Wing P4040). civilwar no The privileges of Parliament which the Members, army, and this kingdom have taken the protestation and covenant to maintain. Reprinted for c Prynne, William 1660 4443 36 0 0 0 0 0 81 D The rate of 81 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2002-04 TCP Assigned for keying and markup 2002-05 SPi Global Keyed and coded from ProQuest page images 2002-06 Judith Siefring Sampled and proofread 2002-06 Judith Siefring Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion The Privileges of Parliament which the Members , Army , and this Kingdom have taken the Protestation and Covenant to maintain . Reprinted for Consideration and Confirmation on the 5th . of January , 1659. the day appointed to remember them . Die Lunae 3 Ianuar. 1641. IT is this day ordered upon the question by the Commons House of Parliament , that if any Persons whatsoever shall come to the Lodgings of any Member of the House , and there do offer to seal the Trunks , Doors , or Papers of any Members of this house , or seise upon their persons ; That then such Members shall require the aid of the Constable to keep such persons in safe Custody , till this House do give further Order ; and this House doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any Member of this House , without first acquainting this House therewith , and receiving further Order from this House , That it is lawfull for such Member , or any person to assist him , and to stand upon his and their Guards of defence and to make resistance according to the Protestation taken to defend the privileges of Parliament . H. Elsynge , Cler. Parl. D. Com. Die Mercurii 5. Ian. 1641. Commons House of Parliament . WHereas his Majestie in his Royal person yesterday being the 4th of Ianuary 1641. did come to the House of Commons attended with a great Multitude of men armed in a warlike manner with Halberts , Swords and Pistols , who came up to the very doore of the House , and placed themselves there , and in other places and passages near to the House , to the great ter●or and disturbance of the Members thereof then sitting , and according to their Duty in a peaceable and orderly manner , treating of the great affairs of both Kingdoms of England and Ireland ; And his Majesty having placed himself in the Speakers Chair , did demand the persons of divers Members of the House to be delivered unto him ; It is this day declared by the House of Commons , * that the same is a high breach of the Rights and Privileges of Parliament , and inconsistent with the Liberty & Freedom thereof : and therefore this House doth conceive , they cannot with the safety of their own persons , or the indemnity of the Rights and Privileges of Parliament , sit here any longer , without a full vindication of so high a breach , and a sufficient Guard wherein they may confide ; for which both Houses joyntly , and this House by it self , have been humble suters to his Majesty , and cannot as yet obtain : Notwithstanding which thi● House being very sensible of the great trust reposed in them , and especially at this time of the manifold distraction● of this Kingdom , and the lamented and distressed Kingdom of Ireland , doth order , that this House shall be adjourned untill Tuesday next , at one of the clock in the Afternoon ; and that a Committee be named by this House , and all that will come shall have Voyce● , shall sit at the * Guild-Hall in the City of London , to Morrow morning at 9. of the clock , and shall have power to Consider and Reason of all things that may concern the good and safety of the City and Kingdom , and particularly how our Privileges may be vindicated , and our Persons secured ? And to consider of the Affairs and Relief of Ireland , and shall have power to consult and advice with any Person or Persons touching the premises● and shall have power to send for parties , witnesses , papers and Records , &c. Mr. Chancellor of the Exchequer , Mr. Glynn , Mr. Whitlock , Lord Faulkland , Sir Phil. Stapleton , Mr. Nath. Fines , Sir Ralph Hopton , Sir Iohn Ho●ham , Sir Walter Earl , Sir Robert Cook , Sir Thomas Walsingham , Sir Samuel Roll , Mr. Perpoint , Mr. Walt. Long , Sir Richard Cave , Sir Ed. Hungerford , Mr. Grimstone , Sir Christ . Wray , Sir BEn . R●dyard , Sir Iohn H●ppisley , Sir H●rbert Price , Sir Iohn Wray , Sir Tho. Barrington , Mr. Wheeler , Sir William L●tton . This is the * Committee appointed by the former Order , and are to pursue the Directions of the former Order , and all that will come are to have Voyces at this Committee . A Declaration of the House of Common , touching a late Breach of their Privilege , and for the Vindication thereof , and of divers Members of the said House . VVHereas the Chambers , Studies and Trunks of Mr. Denzill Hollis , Sir Arthur Has●rigge , Mr. Iohn Pym , Mr. Iohn Hampden , and Mr. Will. Strode Esq Members of the House of Commons , upon Monday the third of this instant Ianuary , by colour of his Majesties warrant , have been sealed up by Sir William Killigrew , and Sir William Flemen , and others , which is not only against the Privilege of Parliament , but the common Liberty of every Subject ; which said Members afterwards the same day were under the same colour by Serjeant Frances , one of his Majesties Serjeants at Arms , contrary to all former Presidents , demanded of the Speaker sitting in the House of Commons , to be delivered unto him , that he might arrest them of High Treason : and whereas afterwards the next day His Majesty in his Royal Person came into the said House , attended with a great multitude of men armed in warlike manner with Halberts , Swords and Pistols , who came up to the very door of the House and placed themselves there , and in other places and passages near to the said House , to the great terror and disturbance of the Members then sitting , and according to their Duty in a peaceable and orderly manner treating of the great affairs of England and Ireland ; And His Majesty having placed himself in the Speakers Chair , demanded of them the Persons of the said Members to be delivered unto him , which is a High Breach of the Rights and Privileges of Parliament , and inconsistent with the Liberties and Freedom thereof ; And whereas afterwards his Majesty did issue forth several Warrants to divers Officers under his own hand for the apprehension of the Persons of the said Members which by Law he cannot do , there being not all this time any legal Charge or Accusation , or due process of Law issued against them , nor any pretence of Charge made known to that House : all which are against the fundamental Liberties of the Subject , and the right of Parliament ; whereupon we are necessitated according to our Duty to declare , And we do hereby declare , that if any Person shall arrest Mr. Hollis , Sir Arthur Haslerigge , Mr. Pym , Mr. Hampden , and Mr. Strode , or any of them , or any other Member of Parliament , by pretence or colour of any Warrant issuing out from the King only , is guilty of the breach of the Liberties of the Subject , and of the Privilege of Parliament , and a publick Enemy to the Commonwealth . And that the arresting of the said Members , or any of them , or any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them , and without consent of that House whereof such Person is a Member , is against the Liberty of the Subject , and a breach of Privilege of Parliament ; And the Person which shall arrest any of these Persons , or any other Member of the Pa●liament is declared a Publique Enemie of the Common-wealth . Notwithstanding all which we think fit further to declare , that we are so far from any endeavours to protect any of ou● Members that shall be in due manner prosecuted according to the Laws of the Kingdom , and the Rights and Privileges of the Parliament , for Treason or any other Misdemeanours , that none shall be more readie and willing than we our selves , to bring them to a speedie and due Trial ; being sensible that it equallie imports us as well to see Justice done against them that are criminous , as to defend the just Rights and Liberties of the Subject and Parliament of England . And whereas upon several Examinations taken this 7th . day of this instant Ianuary , before the Committee appointed by the House of Commons to sit in London , it did fully appear , that many Souldiers , Papists and others , to the number of above five hundred , came with his Majestie on Tuesday last to the said House of Commons , armed with Swo●ds , Pistols and other weapons ; And divers of them pressed to the said door of the House , thrust away the Door-keepers , and placed themselves between the said door , and the ordinary Attendants of his Majesty , holding up their Swords , and some holding up their Pistols ready cock'd near the said door , and saying , I am a good Marks-man , I can hit right I warrant you ; and they not suffering the said door according to the Custom of Parliament to be shut , but said , they would have the door open ; And if any opposition were against them they made to question but they should make their party good , and that they would maintain their partie ; And when several of the House of Commons were comming into the House , their Attendants defi●ing that room might be made for them ; some of the said Souldiers answered , A pox of God confound them , and others said , A pox take the House of Commons . Let them come and be hanged , What adoe is here with the House of Commons ; and some of the said Souldiers did likewise violently assault , and by force disarm some of the Attendants and Servants of the Members of the House of Commons waiting in the room next the said House : And upon the Kings return out of the said House , many of them by wicked Oaths and otherwise , expressed much discontent , that some Members of the said House , for whom they came , were not there : and others of them said , When comes the word ? and no word being given at his Majesties coming out , they cried , A lane , a lane : afterwards some of them being demanded , what they thought the said Company intended to have done ? Answered , That questionlesse in the posture they were set , if the word had been given , they should have fallen upon the House of Commons and have cut all their throats : Upon all which we are of opinion , that it is sufficiently proved , that the coming of the said Souldiers , Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January , in the Manner aforesaid , was to take away some of the Members of the said House : and if they should have found opposition or denial , then to have faln upon the said House , in a Hostile manner , and we do hereby declare , that the same was a * Treacherous design against the King and Parliament ; And whereas the said Mr. Hollis , Sr. Arthur Haslerigg , Mr. Pym , Mr. Hampden and Mr. Strode , upon report of the comming of the said Souldiers , Papists and others , in the Warlike and Hostile manner aforesaid , did with the approbation of the House , absent themselves from the service of the House , for avoiding the great and many inconveniences , which otherwise apparently might have hapned ; since which time a Paper printed in the form of a Proclamation bearing date the 6th . day of this Instant Ianuary , hath issued out for the apprehending and imprisoning of them , therein Suggesting , that through the conscience of their own Guilt , they were absent and fled , not willing to submit themselves to Justice ; We do further declare , that the said printed paper , is false , scandalous and illegal , and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said House of Commons , and the several Committees now on foot . And that it is lawfull for all Persons whatsoever to Lodge , Harbor or converse with them , or any of them ; And whosoever shall be questioned for the same , shall be under the protection and Privileges of Parliament ; And we do further declare , that the publishing of several Articles , purporting a form of a charge of high Treason , against the Lord Kimbolton , one of the Members of the Lords House ; And against the said Mr. Hollis , Sr. Arthur Haslerigg , Mr. Pym , Mr. Hampden , and Mr. Strode , by Sr. William Killigrew , Sr. William Flemen , and others in the Innes of Court , and elsewhere in the Kings name , was a high Breach of the Privilege of Parliament , a great scandal to his Majesty and his Government , a seditious act manifestly tending to the subversion of the Peace of the Kingdom , and an injurie and dishonour to the said Members , there being no legal Charge or Accusation against them : That the Privileges of Parliament , and the liberties of the subject , so violated and broken , cannot be fully and ●ufficiently vindicated , unlesse his Majestie will be graciously pleased to discover the names of those Persons , who advised his Majestie to issue out warrants , for the sealing of the Chambers and Studies of the said Members , to send a Serjant at Arms to the House of Commons , to demand their said Members , to issue out warrants under h●s Majesties own hand , to apprehend the said Members ; His Majesties coming thither in his own Royal Person ; the publishing of the said Articles , and printed paper , in the form of a Proclamation against the said Members , in ●uch manner as is before declared ; to the end that such Persons may receive condign Punishment . And thi● House doth further declare , that all such Persons as have given any counsel , or endeavoured to set or maintain division or dislike , between the King and Parliament , or have listed their names , or otherwise entred into any Combination or Agreement , to be aiding or assisting to any such Counsel or Endeavour , or have perswaded any other so to do ; or that shall do any the things above mentioned , and shall not forthwith discover the same , to either House of Parliament , or the Speaker of either the said Houses respectively , and disclaim it , are declared publick Enemies of the State and Peace of this Kingdom , and shall be enquired of , and proceeded against accordingly . Die Lunae 17th . Ianuarii 1641. It is this day O●dered by the Commons assembled in Parliament , that this Declaration shall be forthwith published in print . Hen. Elsing , Cler. Parl Do. Com. The Kings Message to both Houses Ianuarii 12. 1641. His Majestie taking notice that some conceive it disputable , whether his proceedings against my Lord Kimbolton , Mr. Hollis , Sr. Arthur Haslerigg , Mr. Pym , Mr. Hampden and Mr. Strode , be Legal and agreeable to the Privileges of Parliament , and being very desirous to give satisfaction to all men in all matters that may seem to have relation to Privilege ; is pleased to wave his former proceedings , and all doubts , by this means being setled , when the minds of men are composed , His Majesty will proceed thereupon in an unquestionable way , and assures his Parliament , that , upon all occasions we will be as carefull of their Privileges , as of his life or of his Crown . To the Kings most excellent Majesty , The Humble Petition of the Inhabitants of the County of Buckingham shire Sheweth , THat your Petitioners having by virtue of your Highnesse Writ , chosen Iohn Hampden , Knight for our shire , in whose Loyalty we his Country-men and Neighbours , have ever had good ca●se to confi●e : however of late to our no lesse amazement than grief , we find him with other Members of Parliament now accused of Treason : & having taken into our serious Consideration , the manner of their impeachment , we cannot but ( under your Majesties favour ) conceive , that it doth so oppugn the Rights of Parliament , to the maintainance whereof our Protestation binds us ; that we believe it is the malice , which their Zeal to your Majesties service , and the State , hath contracted in the Enemies to your Majestie , the Church and Common-wealth , hath occasioned this foul accusation , rather than any deserts of theirs , who do likewise through their sides , wound the Judgement and care of us your Petitioners , and others , by whose choice they were presented to the House . Your Petitioners therefore most Humbly pray , Mr. Hampden and the rest that lie under the burdain of that accusation , may enjoy the just Privileges of Parliament : and your Petitioners shall ever pray , &c. Windsor , 13. Ianuary 1641. His Majestie being graciously pleased to let all his Subjects understand his care , not knowingly to violate in the least degree , any of the Privileges of Parliament , hath therefore lately by a Message sent by the Lord Keeper , signified , that he is pleased because of the doubt that hath been raised of the manner , to wave his former proceedings against Mr. Hampden and the rest mentioned in this petition , concerning whom his Majestie intends to proceed in an unquestionable way and then his Majesty saith it will appear , that he had sufficient grounds to question them , as he might not in justice to the Kingdom , and honour to himself , ●ave forborn : and yet his Majesty had much rather , that the said persons should prove innocent than be found guilty : however he cannot conceive that their Crimes can in any sort reflect upon these his good Subjects , who elected them to serve in Parliament . His Majesties Profession and Addition to his last Message to the Parliament , Jan. 4. 1641. HIs Majesty being no lesse tender of the Privileges of Parliament , and thinking himself no lesse concerned , That they be not broken , and that they be asserted and vindicated whensoever they are so , than the Parliament it self ; hath thought fit to adde to his last Message this Profession , that in all his proceedings against the Lord Kymbolton , Mr. Hollis , Sir Arthur Haslerigge , Mr. Pym , Mr. Hampden , and Mr. Strode , He had never the least intention of violating the least Privilege of parliament ; And in case any doubt of breach of Privileges remain , will be willing to clear that , and assert these by any reasonable way that his Parliament shall advise him to ; upon confidence of which , He no waies doubts His Parliament will forthwith lay by all Jealousies , and apply themselves to the publique and p●essing Affairs , and especially to those of Ireland , wherein the good of the Kingdom , and the true Religion ( which shall ever be His Majesties first care ) are so highly and so nearly concerned . And his Majesty assures himself , that his care of their Privileges will increase the tendernesse of his Lawfull Prerogative , which are so necessarie to the mutual defence of each other , and both which will be the Foundation of a perpetual Intelligence between his Majesty and Parliaments , and of the Happiness and Prosperity of his People . The like Petition in substance , was made by the City of London to his Majesty , and the like Answer , touching the impeached Members , and this breach of Privilege . Nevertheless I have somewhat against thee , because thou hast forsaken thy first love . Remember therefore from whence thou art faln , and repent , and do the first works , or else I will come unto thee quickly , and will remove thy Candlestick out of his place , except thou repent . Rev. 2.4 , 5. Every City 〈◊〉 House divided against it self shall not stand . Mat. 12.25 . FINIS . Notes, typically marginal, from the original text Notes for div A56193e-30 Exact Collection , p. 35. The House of Commons were so far from countenancing or allowing force upon their Members in 1641. when the Parliament was full and free , that they made Orders for prevention of force when but suspected , and privileged their Members very lodgings & goods , as well as Persons , and judged all persons bound by the Protestation to assist in their defence , and to stand upon their guard and make resistance . Exact Collection , p. 36 , 37. It was then accounted unsutable to the fit●ing or freedom of Parliament , to have armed men at the House of Commons door , or in the passages neer to the House . * If to demand the persons of five Members of the House after impeachment , is a high breach of the Rights and Privileges of Parliament , & inconsistent with the Liberty & Freedom thereof , so that the House did conceive thereupon that they could not with safety of their persons or indemnity of ●h● rights and privileges of Parliaments 〈◊〉 any l●ng●r , with out a full vindication and a guard wherein they might confide : What is it to imprison & seclude above 200. Members at once , without accusation or ground of impeachment ? * A good president for the Members of the House of Commons to sit in London for vindication o● their Privileges and security of their Persons , when Westminster is unsafe or under force . If Mr. Whitlock be the only Member suffered to sit that was of this Committee , no wonder the privil●ges of Parliament formerly so zealously vindicated , are now so much broken and neglected . * 8. of them secluded and ●●cu●●d Members now 〈◊〉 . Exact Collection p. 38 , 39 , 40. Armed Gards at the House door , inconsistent with the freedom and privilege of Members . By Law the King himself could not give warrant to apprehend Members of the House . Then Mr. Hollis as a Member was as free from arrest as Sir Arthur He●ilrig , but now Sir Arthur hath the Privilege alone , and Mr. Hollis , and the secluded Members are subject to arrest at pleasure . To arrest any Member by whatsoever warrant without a legal proceeding , is against the Liberty of the Subject , and they that arrest any such are declared publick Enemies of the Common wealth . It s eleven years that above Two hundred Members have been secluded , by their Fellow Members , & yet not one of thē so much as accused or brought to tryal● : Let but one week be allowed for a legal accusation and tryal of the 43. Members that sit , & if they be not all found guilty by the weeks end , let them be privi●eged to sit as long as they live . * Was not the fo●ce Dec. 6.7 . 1648. and May 7 , 9. and Dec. 27. 1659. the like ? Then the House of Commons would not suffer papers to be printed against 5 impeached Members now false , scandalous and illegal papers are countenanced against the major part of the House . Then it was adjudged a high breach of privilege , and a seditious Act , tending to the subversion of the peace of the kingdom , and an injury and dishonor to the Members , to publish articles in form of a charge against them , since it hath been usual without controll in that kind to asperse them in their very licensed Diurnals , especially by that insolent , malignant , lying mercinarie writer for all parties , Mar. Needham . Such breakers of privileges of Parliament are declared Publick Enemies of the State and Peace of the Kingdom , and are to be proceeded against accordingly . Exact Collection p. 40 , &c. The late King very desirous to give satisfaction to all men in point of Privilege , but the Rump not o● Exact Collection p. 50. The Petition of the Countie of Buckingham in behalf of Mr. Hambden , good president for the several Counties , Cities . and places . all or any of whose Knights , Members , are illegally secluded for their faithfulness to their Country . The late King by many degrees more tender of the privileges of Parliament , than those who have us●●ped his regal power . The late King offers to assert and vindicate the privileges of Parliament in any reasonable way the Parliament should desire . Exact Collection , p. 45 , 46.