The True State of the Secluded Members, Part 6

The True State of the Secluded Members · Part 6

p. 18The General Council of Officers final anſwer.

IN return to your laſt paper, concerning your inſiſting for the diſcharge of the Members, we refer to our former anſwer, and have no more to ſay to that particular, till we receive the reſolutions of the Houſe upon our paper this day ſent to them, Decemb. 6. 1648.

The Houſe being thus twice ba…led and poſitively diſobeyed by the Officers, did nothing hereupon: Yet theſe demands of their releaſe notwithſtanding the Armies Propoſals and Papers, evidence, that they did not deem their Vote, any …reach of their truſt, or just ground for their ſecluſion.

After this, ſeveral attempts were made by divers Members, which the Army ſtill ſuffered to ſit, viz. William Pierpoint, Eſq Sir John Evelin of Wilts, William Aſhurſt, Eſq Mr. Nathaniel Stephens, and many others, to have the ſo highly broken privileges and Freedom of Parliament vindicated, and preſſed hard, that **Exact Collection, p. 36, to 60.according to the conſtant courſe of Parliament, no proceedings might be till that were firſt done; but labouring many daies in vain, and finding the force continued upon the Houſe, and ſecluded Members, they alſo withdrew, and never ſat ſince.

After their withdrawing, Dec. 12, & 13 the ſitting Members repealed and nulled the Votes of Febr. 28. & Dec. 5. according to the Armies Propoſals: and this was the firſt time the Houſe declined their privileges. Tueſday the 14th. of De…. 1648. The Queſtion being propounded, that A Committee do go unto the General, to know of him upon what ground the Members of the Houſe are restrained, from coming to the Houſe, by the Officers and Souldiers of the Army,

The Houſe was divided. The Year went forth.

Tellers for the Noes, 18.

p. 19Mr. Smith.

Mr. Martin.

Tellers for the Yeas, 35.

Mr. Cary.

Mr. Pury.

So it paſſed with the affirmative, for the Members.

Reſolved, that a Committee do go unto the General, to know of him upon what ground, the Members of the Houſe are reſtrained from coming to the Houſe, by the Officers and Souldiers of the Army.

And a Committee was appointed accordingly. Hitherto the major part of the Houſe, appeared ſenſible of their Privilege, though moſt of the Members were impriſoned, ſecluded, or withdrawn as aforeſaid, and there were but 18. of 53. in the Negative.

Friday the 15th. of Decemb. A Committee was appointed to enquire, who Printed, contrived or publiſhed, the ſcandalous paper, Entituled, A Solemn Proteſtation of the impriſoned and ſecluded Members of the Commons Houſe, againſt the horrid force and violence of the Officers and Souldiers of the Army, on Wedneſday and Thurſday laſt, being the 6. & 7. of Decemb. 1648. which did declare all proceedings in the Houſe of Commons, null and void, during the forcible ſecluſion of the Majority of the Members, and the actual force upon the Houſe, according to the Ordinances of both Houſes, Aug. 20. 1647

And▪ the ſame day an Ordinance paſſed both Houſes, (when there were but 53. Commons, and 4. Lords preſent) againſt the ſaid Proteſtation; judging and declaring, the ſaid printed paper to be falſe, ſcandalous and Seditious; And that all Perſons, that have had any hand in, or given conſent unto the contriving, framing, printing or publiſhing thereof, ſhall be adjudged, and hereby are adjudged, uncapable to bear any office, or have any place of truſt or authority in th… Kingdom, or to ſit as Members of either Houſe of Parliament. And they did further order and ordain, That every Member of either Houſe, reſpectively then abſent, upon his firſt coming to ſit in that Houſe whereof he is a Member, for the manifeſtation of his innocency, ſhall diſown and diſclaim his having had any hand p. 20in, or giving conſent unto the contriving, framing, printing or publiſhing of the ſaid paper, or the matter therein contained.

But as no Member was charged with, or convicted in particular of having any hand in the ſaid paper, ſo it doth not appear by any entry in the Journal Book of the Houſe, that any Member was put to ſuch diſavowal or diſclamor, which if they had, there is no doubt they would generally and freely have made it.

Monday the 18th. of Decemb. 1648. Before any Return was made by the General, of the Grounds upon which he reſtrained the Members from comming to the Houſe, in complyance with the ſaid Propoſals of the Army,

They reſolved upon the Queſtion, that this Houſe do declare, That liberty be given to the Members of this Houſe to declare their diſ-aſſent to the Ʋote of the 3d. of December, 1648.

And the ſame day they ordered, That it be referred to the former Committee for drawing an Atteſtation, to bring in a Declaration, how and in what manner and form the ſaid diſ-aſſent ſhall be entred. This was the ſecond time that the Houſe declined their Privileges.

Wedneſday, Decemb. 20. 1648. The Houſe again debated the Queſtion, Whether the former meſſage to the General be renewed by the ſame Committee, concerning the Members that are abſent; and it was carryed in the Affirmative by 32. againſt 19. So at that time there were but 19. in the Houſe, againſt the reſtoring of the Members. The ſame day, Mr. Scot reports the opinion of the Committee appointed to draw a Declaration, how and in what manner and form the diſſent of the Members to the Vote of the 5th. of Decemb. 1648. ſhall be entred. And 'twas reſolved that the manner be, That ſuch Gentlemen as were preſent at the Ʋote, do ſtand up and ſay, that they did diſſent from the ſaid Vote; which form, contrary to all Preſidents, and the very being and freedom of Parliament, being agreed upon, the ſame day the diſſent of the Members following is entred, viz.

p. 21Col. Boſwell.

Lord Gray.

Mr. Peregri… Pel…am.

Col. Jones.

Mr. Richard Darley.

Col. Temple.

Sir Thomas Malevery.

Sir John Bouchier.

Col. Peter Temple.

Mr. Humph. Edwards.

Mr. James Challenor.

Sir Gregory Norton.

Mr. Oldſworth.

Mr. Garland.

Mr. Nich. L…ve.

Mr. Liſle.

Col. Rigby.

Mr. Holland.

Col. Ludlow.

Mr. Clement.

Col. Purefoy.

Col. Stapley.

Mr. Dunch.

Mr. Cawly.

Col. Downes.

Mr. Cary.

Mr. Blaxtone.

Mr. Scot.

Sir John Danv…rs.

Mr. Henry Smith.

Mr. John Pry.

Mr. George Serle.

Mr. Dove.

In all 33.

So that it appears there was not yet the number of a Houſe, which muſt be forty at the leaſt, that diſſented to that Vote, though above 200. were kept away by force concurring with it.

Decemb. 21.

Col. Hutchinſon.

Sir Hen. Mildmay.

Sir James Harrinton

Declare their diſſents to the Vote of Decemb. 5.

Monday Dec. 25. 1648.

Col. Harvey.

Ald…rman Pennington.

Mr. Main.

Alderman Atkins.

Mr. Blagrave.

Col. M…or.

Mr. Millington.

Declare their diſſents to the ſaid Vote of Decemb. 5.

There being now almoſt after three weeks time, and ſuch ſtrange tran…actions as before, only 43. Diſſenters to the p. 22Vote of Decemb. 5. 1648. and that in obedience to the Armies Propoſals of the 6th. of December.

Upon Thurſday the 11th. of January 1648. the Houſe was conceived ſufficiently garbled and fitted for the Humble Anſwer of the general Council of Officers of the Army, Jan. 3. to the demand of the Houſe Dec. 14. touching the late ſecuring or ſecluding the Members thereof; which was this day read; And though the ſame was notoriouſly falſe, and highly ſcandalous to the ſecured and ſecluded Members, as appears by their Vindication publiſhed the 20th. of January, which never received reply: yet the Houſe▪ (without ſo much as ſummo…ing or hearing of the ſaid Members,) Reſolved, the ſaid 11th of January, That they approve of the ſubſtance of the ſaid Anſwer of the General Council of Officers of the Army, to the demand of the Houſe, touching the ſecuring or ſecluding ſome Members thereof. And appointed a Committee of the Diſſenters to conſider, what was further to be done upon the ſaid anſwer of the General Council, and to preſent the ſame to the Houſe.

And becauſe (it ſeems) the ſaid Committee was ſlack in meeting and making their return. On Monday the 29th. of January, the Houſe, conſiſting of the ſaid 43. Diſſenters, ordered, That the ſaid Committee be enjoyned to meet and bring in their Report on Monday next.

But to give them a ſure rule to walk by, and to prevent the ſitting of any but Diſſenters, it was reſolved, at the ſame time, That no Member of this Houſe that gave his conſent to the Vote of the fifth of December …t, do preſume to ſit in this Houſe, untill this Houſe take further order; though it was evident the Diſſenters▪ were yet but 43. and the number preſent at the Votes were 244. So that by this Vote made but by the 43. who had entred their diſſents, all others muſt be preſumed to be yet Con…nters to the Vote.

This laſt Vote brought in afterwards by degrees ſome more Diſſenters

p. 23For Thurſday, February 1. 1648.

Mr. Whitaker.

The Lord Monſon.

Mr. Weaver.

Mr. Laſſells.

Mr. Boon.

Mr. T. Chaloner.

Mr. Waite.

Mr. Harbert.

Mr. Mackworth.

Mr. Poynes.

Mr. Miles Corbet.

Mr. Say.

Sir Thomas Jervice.

Mr. Trenchard.

Alderman Wilſon.

Mr. Wogan.

Mr. Baker.

Sir Tho. Witherington.

Mr. Pury.

Mr. Heveningham.

Mr. Gratwick.

Sir Edward Bainton.

Mr. James Nelthrop.

Mr. Brewster.

Sir **who to make it ſure diſſented alſo, Dec. 20.Gregory Norton.

Mr. Prideaux.

Mr. Thorp.

Mr. Whitlock.

Sir H. Vane Junior.

The Lord Liſle.

Entred their Diſſents.

The Diſſenters being now in almoſt two Months time come to the number only of 72. they did on the ſame firſt of February make the Order following, viz.

Whereas on the 18th. of December laſt, this Houſe did order and declare, that liberty be given to the Members of this Houſe to declare their diſ-aſſents to the late Vote of the fifth of Decemb. 1648. That the Kings Anſwer to the Propoſitions of both Houſes, was a ground for the Houſe to proceed upon for the ſettlement of the peace of this Kingdom; And afterward viz. on the 20th. of Decemb. did order, That the Clerk ſhould enter the names with the diſſents of ſuch Members as declared their diſſents in manner then directed; Whereupon divers Members that day preſent, and others at ſeveral times ſince, did cauſe their names and diſſents to be entred accordingly. And whereas it hath been further admitted in behalf of Members abſent from the ſaid Ʋote, That any ſuch Member might have liberty to expreſs his diſ-approving p. 24the ſaid Vote of the 5th. of Decemb. It is now reſolved and declared by the Commons aſſembled in Parliament, that ſuch Members who (being preſent at the Houſe on the 5th. of Decemb.) did diſſent from the ſaid Vote, and from the putting that Vote to the Queſtion; or being not then preſent do diſ-approve of the ſame, and have not already declared in and to the Houſe ſuch their diſſent or diſ-approval of the ſaid Vote, may declare their Reſpective diſſent or diſ-approve of the ſaid Vote to the Committee herereafter nominated, viz.

Mr. Scot.

Mr. Martin.

Sir John Danvers.

Mr. Millington.

Mr. Hutchinſon.

Sir Will. Conſtable.

Col. Moor.

Mr. Challoner.

Mr. Liſt.

Mr. Hayes.

Mr. Whittaker.

Sir Tho. Jervis.

Mr. Trenchard.

Sir T. Widderington.

Mr. Cawley.

Col. Downes.

Col. Temple.

Mr. Cary.

Mr. Serj. Thorp.

Mr. Blackiſton.

Lord Liſle.

Col. Purifoy.

Sir. Mich. Liveſay.

Col. Stapely.

Lord Gray.

Lord Monſon.

Alderman Wilſon.

Col. Boſvile.

Mr. Boon.

Mr. Heveningham.

Sir Gregory Norton.

Or any three or more of them.

Who are hereby conſtituted and appointed a Committee, to receive and take notice of the Declarations of any ſuch Member his diſſent or diſapproval reſpectively, that ſhall deſire to declare and enter the ſame; and the ſaid Committee are hereby required to make preſent report of the ſame to the Houſe, and ſhall from time to time be heard therein before any other buſineſs, or next after the buſineſs then in debate, to the end ſuch diſſents or diſapprovals may be entred in the Books of the Houſe, and ſuch p. 25Members thereupon admitted; And to that purpoſe the ſaid Committee or any three of them are to ſit when and where they think fit and convenient. And it is further reſolved and ordered, That no Member of the Houſe whoſe diſſent or diſapproval of the ſaid Vote hath not been already entred, do henceforth preſume to ſit in the ſaid Houſe, Nota.untill his diſſent from the ſaid Vote of the 5th. of December, (if he were then preſent) or diſapproval thereof (if then abſent from the Houſe) ſhall be by himſelf perſonally declared to the ſaid Committee, and from thence reported to the Houſe, and entred as aforeſaid; And that ſuch Members of this Houſe, and every of them whoſe diſſent from, or diſapproval of the ſaid Vote reſpectively (being not already declared and entred in the Houſe) ſhall not be declared to the ſaid Committee as aforeſaid, before the firſt day of March next, ſhall from thenceforth be, and are hereby declared from thenceforth, to ſtand and be ſuſpended from voting or ſitting any more in this Houſe, Nota.or any Committee by this Houſe appointed, untill they ſhall both declare ſuch their diſſent or diſapproval to the ſaid Committee as aforeſaid reſpectively, and ſhall alſo have given ſatisfaction to this Houſe concerning their delay thereof beyond the ſaid appointed time, and untill they ſhall be thereupon reſtored by particular Order of this Houſe.

After this Antiparliamentary Order, (deſtructive to the Privileges, Freedom, Vote…, and Members of the Houſe) ſome few Members diſſented or diſapproved the ſaid Vote, upon ſeveral daies, as they were inclined or prevailed with thereunto, before the firſt of March, the time limited by the ſaid Order. And Wedneſday Febr. 28. 1648. It was ordered, That no advantage be taken against Sir Peter Wentworth, Sir John Barington, Col. Fleetwood, Mr. Aldworth, Mr. Robert Andrews, Alderman Hoyle, and Mr. Stockdale, for not haviug entred their diſſents before the first of March.

Monday the fifth of March, 1648. it is is ordered, That it be referred to Mr. Liſle, Mr. Scot, Mr. Holland, Col. Ludlow, and Mr. Luke Robinſon, or any three of them, to receive what ſhall be tendered for ſatisfaction of ſuch Members as have p. 26not entred their diſſents or diſapproval to the Vote of the fifth of December last, before the firſt of March, and to report their Opinions to the Houſe, concerning ſuch Members as they ſhall receive ſatisfaction from.

The Committee being ſome of the moſt eminent Diſſenters to the Vote when it was paſt, and ſo not very inclinable to receive ſatisfaction from thoſe Members intended by the Order, there are very few appearing in the Journal to have been admitted upon their Reports into the Houſe in three months after, but as if too many had been received already, they intended a New Teſt and Purge to feclude the Majority even of thoſe who diſſented from or diſapproved our former Vote; For their Journal atteſts, that on Saturday, June 9th. 1649. This Question was propounded: That none of the Members that have ſate in the Houſe ſince the 11th. of Jan. 1648. ſhall be hereafter admitted to ſit in this Houſe, who ſhall not firſt acknowledge and aſſert the juſt authority of this Houſe, in making the Act for erecting an High Court of Juſtice for trying & judging the King.

And the Question being put, whether this Queſtion be now put, the Houſe was divided. And it was carried in the Negative by 27. againſt 22. that this Queſtion ſhould not be put. So that the major part of themſelves were not then ripe for what the Minor would have them ſwallow.

Thereupon the very ſame day a final barre is put by them upon all the ſecluded Members by this following Order, printed for that end, viz.

Ordered by the Commons aſſembled in Parl. That none of the Members of this Houſe, who by vertue of the Order of February, 1. 1648. do yet ſtand ſuſpended from voting or ſitting any more in this Houſe, ſhall henceforth be admitted capable to ſit, or have voyce in this Houſe during this preſent Parliament, who ſhall not before the 30th. of this inſtant June addreſs themſelves to the Committee appointed by order of the fifth of March, 1648. for receiving what ſhould be tendered for ſatisfaction by ſuch Members as had not entred their Diſſent or Diſapproval to the Vote of the fifth of December laſt, before the p. 27firſt of March, and ſhall not before the ſaid 30th▪ of June inſtant give ſuch ſatisfaction to the ſaid Committee, according to the ſaid Order, as this Houſe ſhall approve of: but the Houſe will after the ſaid 30th of June inſtant proceed to take Order for the election of New Members in their rooms.

After this Order, though they ſate till April 20. 1653. without itterruption, yet they never iſſued out any Writs for Elections of New Members, monopolizing the ſupreme and Parliamentary power into their own hands without copartners, as now again.

April 20. 1653. they were forcibly ejected, and turned out of the Houſe themſelves by the Army-Officers for above 6. years, till on Saturday May 7. 1659. about 40. of the Members (interrupted in April 1653. and by reaſon of divers new Governments interpoſing, never durſt re-aſſemble to ſit or act) upon the Army-Officers invitation, went ſodainly again into the Houſe; whereupon**See Mr Prynnes true and perfect Narrative. divers of the ſecluded Members, then caſually at Weſtminster, ſo ſoon as they heard they were ſitting, the ſame morning went to the Houſe door, & claimed their privilege of ſitting, but were forcibly ſecluded then, and on May the 9th. by armed Gards: and to continue their ſecluſion, the Houſe ordered the 9th. of May,

That ſuch Perſons heretofore Members of this Parliament, as have not ſat in this Parliament, ſince the year 1648. and**This was a new addition, not mentioned in any former Orders. have not ſubſcribed the Engagement, in the Roll of Engagement of this Houſe, ſhall not ſit in the Houſe till further order of the Parl.

At this time they were more tender of excluding the Major part of the Members of the Houſe, and only ordered, their not ſitting till further order, not at all conceiving that they were duly diſcharged, or diſmembred by their former Orders, in the years 1648. and 1649. as now.

After this they being forcibly interrupted and diſperſed again, on the 13. of Oct. laſt, and not ſuffered to ſit till the 26. of Dec. following; upon the 27. of Dec. many of the ſecluded Members, then in town, being informed of their ſodain re-aſſembling in the Houſe did again …im thei… p. 28Right of ſitting in Parliament, but were by their Orders kept out of the Lobby and Houſe, by their armed Gard… and Officers, and received the uſage that hath in A Narrative thereof, been publiſhed to the Kingdom.

Since that time, viz. on Thurſday the 5th. of Jan. 1659. the day appointed to conſider of the caſe of abſent Members; without calling the Members, or admitting them which were at the door to fit, or appear in the Houſe, it was Reſolved, by the Major part of about 47. Members only then preſent; That upon the whole matter of the**Not entred. Report touching abſent Members, The Parliament doth adjudge and declare, That the Members who ſtand diſcharged from voting or ſitting as Members of this Houſe, in the years 1648. and 1649. do ſtand duly diſcharged by judgement of Parliament, from ſitting as Members of this Parliament, during this Parliament. And it is Ordered, that writs do iſsue forth for Electing new Members in their places.

And to prevent any vindication of our ſelves, againſt this Vote behind our backs, upon Monday the 9th. of Jan. 1659. (but 4. daies after the Vote) a party of about 40. Red-coats were ſent to ſeize us, at one of the Members Houſes in Drury-lane, where the Council of State (it ſeems) had notice, and we did not conceal it, that ſome of us were met together: but being gone a little before, they miſt of us, though they ſearched the houſe at pleaſure.

This Reſolve being, as appears, intended, finally to exclude the ſaid Members, though double the Major part of the Houſe, & leaving them (without any cauſe therein expreſſed) under a reflexion of the higheſt nature, as perſons duely expeld the Houſe, during this Parliament, and ordering Writs to iſſue forth for Electing new Members in their places (a proceeding never uſed towards a Single Member, but upon breach of truſt, or ſome high miſdemeanor, much leſs to many, leaſt of all to the Majority of the Houſe) hath in juſtice to our ſelves, and the Counties and places for which we are intruſted, neceſſitated us, by this Declaration, fully to ſtate the whole matter of Fact, and upon the whole, to …aiſe ſuch Obſervations and Concl…ſions, as we p. 29hope may evince, that we are not duely diſcharged, and that the Judgement, if there be any given, is void in Law, againſt the ſaid Members, whereof we have in the end of this Declaration inſerted a perfect liſt.

Firſt, it is manifeſt by the ſtate of the Fact, that on the 6th. and 7th. of Decemb. 1648. and ſince, the ſaid Members being then and now the Major part of the Houſe of Commons, have been by force of arms, and ſtill are, …eſtrained from coming or entring into the Houſe, though they have ſeveral times renewed their claim, only upon the Army-Officers Propoſals and deſires, Dec. 6. 1648.

2ly. That from that time to this day, there hath been no legal accuſation or impea…hment exhibited againſt them, or any of them in Parliament, as a ground for a Judgement of their ſupenſion or excluſion.

3ly. That they were never ſummoned nor called to hear or anſwer any charge, nor ever heard in the Houſe, nor particularly convicted, nor yet named in any Order or Vote for their ſuſpenſion or excluſion.

4ly. That all the pretence appearing for their excluſion in all the recited Votes and Orders, is only, their Ay to the Vote of the fifth of Dec. 1648. (That the Anſwers of the King to the Propoſitions of both Houſes, are a ground for the Houſe to proceed upon for the ſettlement of the peace of the Kingdom,) they being then and ſtill the major part of the Houſe: and for refuſing (upon the demands of the Army, and Orders of the minor part of the Houſe made after they were forced away) to enter their Proteſts againſt and Diſſents from that Vote, which was paſſed by them in Judgement and Conſcience, upon unanſwerable grounds of Reaſon, juſtice, honour and faithfulneſs; or, for not diſapproving the ſaid Vote.

5ly. That the Members permitted to ſit after, and under the force, Dec. 6. did ſeveral times poſitively order the ſecured and ſeluded Members to be forthwith diſcharged; and that after the Demands and Propoſals of the Army; which ſhews, that they did not then judge them guilty of breach of Truſt by this their Vote.

6ly. That many of the Members that were ſuffered to p. 30ſit, when they ſaw no hopes of preſerving their Privileges and the freedom of Parliaments againſt this force, did voluntarily withdraw themſelves, and have ever ſince remained in the condition of ſecluded Members, and are now compriſed within the Vote of Ian. 5. and former Orders.

7ly. That the Members formerly ſecured and ſecluded by the Army-Officers in Dec. 1648. againſt the Votes of the Houſe, for their diſcharge, for their Vote Dec. 5. are now for the ſelf-ſame Vote alone, even by order and command of thoſe now ſitting Members (after their own double diſſipation by armed violence) forcibly excluded both the Houſe and Lobby, by armed Gards and Army-Officers, and likewiſe diſcharged from ſitting as Members of the Houſe during this Parliament.

8. That the forcible ſuſpenſion and ſecluding of the Majority of the Houſe, till they retract, and enter their particular diſſents againſt, and diſapproval of their own Votes, was firſt introduced and impoſed by the General Council of Army-Officers Propoſals, to ſubvert the Privileges and Freedom of Parliaments: And in obedience to their deſires, it is afterwards ſeveral times Voted, Ordered and ratified by the ſitting Members, to bar us from all future ſitting, or Voting in the Houſe as Members, during the Parliaments continuance, and made the ſecundary ground of our excluſion and diſcharge, though never in uſe before, from the begining of Parliaments, till this day, and that in relation to this Vote alone. An Anti-Parliamentary Preſident, fit only for everlaſting oblivion.

9ly. That for the mi…or part thus to ſway in Councel by help of an external force, when reaſon within Doors could not carry it, is a courſe of proceeding altogether illegal, irrational, and unparliamentary; the determining of Questions and Controverſies by the major Vote, being eſſential to Parliaments and Great Councils, authorized by the uſage and experience of all Ages and Nations, without which it is impoſſible to ſettle any Government in Church or State, or make any final judgement in Courts or Councils, p. 31without reſolving all into the mere will of a few ſingle Perſons. Upon all which grounds, we are ſo far from r… tracting the ſaid Vote of Decemb. 5. that as both by the Vindication of the ſecluded Members, publiſhed in January, 1648. and by this Declaration, it ſtands unanſwerably juſti…ied to all the World, ſo we foretold the ſad effects that would follow the varying from it, and are now confirmed in the neceſſity and prudence of that Reſolution by eleven years further conſideration, and the many ſufferings, calamities, strange unſettlement, and Revolutions of Government; which the not hearkning to the advice of that Vote (then the judgement of the whole Kingdom, being paſt by the major part of their Repreſentatives) hath brought upon us ever ſince, whereof we can yet ſee no end.

Having thus truly and fully ſtated the matter of Fact, relating to our former and late ſecluſions, and the premiſed Vote of Jan. 5. for our diſcharge & excluſion out of the Houſe, during this Parli…ment, only for our Vote, Dec. 5. 1648. upon the Armies Propoſals, without any particular accuſation, hearing, trial, or judgement pronounced againſt Us, or any one of Us by name at the bar; we ſhall in the next place briefly demonſtrate the Illegallity, Injuſtice and Nullity of this general uncertain Vote, by which we are thus by wholeſale diſcharged behind our backs. 1. By Orders, Cuſtoms, Preſidents, and Judgements in Parliament. 2ly. By the Laws and Statute… of this Realm. 3ly. By the Law of Nations. 4ly. By the Law and Proceedings of God himſelf.

By the Orders, Cuſtoms and Proceedings of Parliament it is moſt apparent,

1. That in all**Fideliſſima cuſtodia illius innocentia, hoc inexpugnabile munimentum munimento non egere, Pli…. Pa…. Traja… dictus. 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 p. 32of (a)(a)See Mr. Prynnes, 1 part of the Regiſter of Parliamentary writs, p. 27, 28, 177, 215, part 2. p. 80, 81, 82. Plea for the Lords, p. 278, 279, 280.Parliament interrupted thereby; as is evident by the Statute of 7 E. 1. Raſtal 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)(b)Plea for the Lords, p. 21, to 37. The 1. pt. of the Regiſter of Parliamenttary writs, p. 13, 27, 31, 112, 432, 434. 435, to 440. Exact Abridgment▪ p. 43. 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)(c)Firſt part of the Regiſter of▪ Parliamentary writs, p. 24, 28, 29. Plea for the Lords, p. 22, to 27. Exact Abridgement, p. 11, 13, 14, 19, 31, 36, 46, 51, 69, 73, 78, 90, 92, 96, 105, 120, 144, 154, 167, 173, 18…, 188, 193▪ 195, 201, 281, 286, 287, 288, 290. 298, 308, 454, 464, p. 50, 66, 74, 152, 169, 318, 321, 335, 373 427, 128, 430, 440, 665. when any conſiderable number of the Members of Parliament through ſhortneſs of warning, fo…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 ful…; 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 …. 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. p. 339 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**8 H. 6. c 7. 33 H. 8. c. 27. Exact Collection, p. 146. 274, 494, 700. A Collection, p. 284. Grotius de Jure Belli. l. 2. c. 26. 15… 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**Cook… … Report, p. 34. 35. See Scobels Memorials of the method and manner of Parliaments, c. 4. 6. 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 Sp…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 p. 34that 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 P…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 upō 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, ſubver…ive to the freedom of Parliaments.

7ly. That a matter(f)(f)Scobels Memorials. Cooks 4 Inſtitutes, p. 32. 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 feſſion of Parliament, no more than an Act, or a judgment given and entred in the ggDyer, 182. a. 196. a. Aſhes Tables, Error 65, to 75. and the Lawbooks there cited.Courts of Weſtminſter, p. 35reverſed 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 mi…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)(p)Scobels mem…als, c. 12. See 31 H. …. 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.iiSee 31. H. 6. c. 1. 39 H. 6. c. 1. Brook and Fitzherbe…, and Aſh. Title Dure…s. A Collection, p. 221, 222, 700. 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 …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 p. 36Houſe, 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)(b)Plea for the Lords, p. 23, 24, 25. 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)(c)Exact Collection, p, 34, to 60. 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 Haſl…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 ſummo…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. p. 374ly. 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 P…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)(a)A Collection of Ordinances, p. 294, 357, 513.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**21 Jan and 5 Feb. 1643. & 4, 5, 8, 9, 10, 11, 12, 16, 20, 22, 26, 29. Auguſti. 2, 6, 7, 12, 16, 19, 22, 23. Sept. 4. Octo. 1642. 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 p. 38and 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,See the Parliament Rolls, wherein Receivers & Triers of Petitions are ſtill appointed at the beginning of every parliament. Exact Abridgement of the Records of the Tower, Tit. Parl. in the Table. The 1. art of the Regiſter of Parliamentary Writs. And Plea for the Lords, p. 430, 431, 432. 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 exec…able Del… 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. M…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 p. 39which they could in juſtice ſuſpend them from …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, hea…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**Plea for the Lords, p. 2…4 to 283. 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 p. 40at 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 p. 41the 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 a…d Iudgement might be reverſed and annulled. And for theſe Reaſons our Lord the King, Prince, Dukes, Earls, and Barons, by **Being by act of Parliament.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 Record) was reverſed as erroneous, void and null, becauſe he was not accuſed face to face, nor brought to judgement, and anſwer at the Bar before his judgement and execution, though there was a judgement given againſt him by name in the Parliament Roll and Act: Then much more muſt the Judgement and Vote againſt all the ſecluded Members and majority of the houſe, kept out thence by armed Gards, by command of our Secluders and Judges, without the leaſt accuſation, Articles of Impeachment, hearing, trial, or bringing us to the Bar to hear our judgement, or naming any of us particularly therein, be unparliamentary, erroneous, void and null to all intents, and no waies obligatory to us, or thoſe for whom we do ſerve.

2ly. It is altogether erronious, illegal and void in Law, 1. By the Great Charter of our Liberties, 9 H. 3. c. 29. confirmed in above 40. ſucceſſive Parliaments, by the Statutes of 25 E. 1. c. 1, 2. 28 E. 1. c. 1, 2. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 42 E. 3. c. 2, 3. The Petition of Right, 3 Caroli, and ſundry other Statutes, enacting and providing, That no Freeman of England, ſhall be outed of his Freehold, Liberties, Franchiſes, outlawed, paſ…ed upon, fore-judged or condemned, unleſſe he be, 1. Lawfully accuſed, indited and impeached. p. 422ly. Summoned and brought in to anſwer by legal proceſſe. 3ly. Brought to judgement, trial and hearing at the bar, and admitted to his juſt defence. 4ly. Legally convicted by his own confeſſion, or witneſſes produced face to face. 5ly. Particularly judged and condemned by ſentence at the bar. And if any judgement be given to the contrary, it ſhall be reverſed and holden as null and void; All which particulars failing in our caſe, and judgment, it muſt be erronious, void and null to all intents.

2ly. By all the Preſidents, forms, entries, in Cooks 3 Inſtitute… ch. 101. of Judgement, old Book of Entries, Fitzherbert, Brook, Statham, Aſh Title Judgement, Treaſon, Debt, &c. all entries and Records of Judgements in Parliaments and other Courts of Juſtice, wherein no Judgement was ever yet given againſt many in the groſſe, (as now againſt 200. Members or more) without naming any of them, but alwaies particularly by name, the Judgment being elſe void in Law, for its generality and incertainty, as ours is, wherein not one ſecluded Member is named, nor in any Vote or Order for our ſuſpenſion or excluſion.

3ly. It is a Maxim in Law(m)(m)Lit ſect. 678. Cooks 1 Inftit. … 35. 209, 352, 356, 357. 142. Hobards Reports, p. 85, 86. Dyer 165. 2 R. 2. c. 2. that no man ought to take advantage of his own covin or wrong, much leſs be both a Judge and …arty, it being both against justice and reaſon too: Therefore the minority of our fellow-Members, cannot firſt ſeclude us out of the Houſe by covin, wrong & armed force, againſt our Rights, Privileges, the Proteſtation, Covenant, & then as our Judge, exclude us from ſitting with them, behind our backs, only for diſſenting from them in our Votes and Judgments, croſſing their own private Interests and Innovations, repugnant to the publike Intereſt, Peace, and ſettlement of the Kingdom which we then endeavoured to effect.

4ly. The Statutes of 5 R. 2. c. 7. 15 R. 2. c. 2. 8 H. 6. c. 9. & 31 Eliz. c. 11. prohibiting all entries into Houſes, Lands or Tenements, where the entry is given by Law, with ſtrong hand, or multitude of people, and armed men, but only in peaceable and eaſie manner; or keeping poſſeſſion thereof, after peaceable entry, by Force; enabling all Justices of the Peace, to view and remove ſuch force, and puniſh thoſe p. 43who are found guilty of it, upon Inquest, by fine and impriſonment; do queſtionleſſe prohibit the entry of our ſecluders, into the Commons Houſe of Parliament, by ſtrong hand, and multitudes of people, and armed men, againſt the uſage & Priviiege of Parliaments, garded hitherto,**Cicero in Antonium, Caritate & Benevolentia Civium, non armis. And their keeping out the Majority of their fellow M…mbers, by armed force, and Votes, without any colour of Law or reaſon but only their Vote therein Decemb. 5. may more juſtly expoſe them to Fines and impriſonments, than any other forcible enterers into, or detainers of other mens houſes, the whole Kingdom being prejudiced and diſpoſſeſſed in their repreſentatives by theſe forcible detainers of the Commons Houſe.

5ly. The notable(p)(p)S… …i…zherbert, Brooks, S… …ham and Aſh Title Variance. Variance between their Orders of 1648. & 1649. touching our ſuſpenſion and ſecluſion, wherein they alwaies ſtile themſelves, The Houſe, and This Houſe, as likewiſe in the body of their Order Decemb. 27. 1659. from their Vote of January 5. and their other Papers, wherein they ſtile themſelves, The Parliament, and the Parliament of the Commonwealth of England, Scotland and Ireland; and their Judgement, the Judgement of the Parliament; and from the Act of 17 Caroli. c. 7. by which they pretend to fit, which only ſtiles them, the Commons in this preſent Parliament aſsembled, and the Houſe of Commons; makes their Judgement void to all intents, eſpecially compared with the entry of their own Journal by their Clarke, April 20. 1653. That they were diſſolved on that day, and ſo have no right now to ſit, by virtue of this Act, or to pronounce any Vote or Judgement againſt us.

3ly. This Judgement and Vote againſt us, is void and null by the Law of Nations, the very Pagan, Idolatrous Babylonians, Perſians, Caldeans, Romans, and all other Nations, condemning and ſentencing no perſon or malefactor whatſoever, but in his preſence; it being not their manner, to condemn, or cenſure any man, before he who was accuſed, had his Accuſers brought face to face, and had licenſe to anſwer for himſelf, concerning the crimes laid againſt him, and was legally convicted of them, and had his crimes mentioned in his mittim… p. 44and Judgement, they deeming it unreaſonable, to impriſon or condemn any man, and not withall to ſignifie the crimes laid againſt him: as you may read at leaſure, 2 Kings 25. 6, 7. Jer. 52. 9, 10. Ezra 7. 25, 26. Eſth. 1. 12, to 22. c. 2. 1. Acts 23. 25. c. 24. 2, to 23. c. 25. 2, &c. 16, 17, 18, 27. in Alexander ab Alexandro, Geni…lium Dierum, l. 3. c. 5. & Frederi…us Lindebrogus, Codex Legum Antiquarum. This being a principle amongſt them, **Seneca Tragin Medae….Qui aliquid statuerit parte inaudita altera, licet rectè ſtatuerit haud aequus est judex. And that all their**Alexand ab Alexandro, Gen. Dierum, l. 4. c. 11. Interrog…vit quiſque quod placuit; di…e…tire, diſcedere, & copiam judicii ſui reip. facere: tutum f…t, conſultio… nes atque dinumerati ſumus, vicitque ſententia …on prima▪ ſed melior & major. C. Plin. Pan. Trajano dictus, p. 145. ſenators, ought to Vote freely in the ſenate; and the Major Vote to ſway. Therfore our judgment, excluſion, without accuſation, hearing, witneſſes, trial, conviction, behind our backs for our Major Vote, muſt needs be moſt unjuſt and void, if the very Heathens and laws of all Nations be Umpires between us & our Ejectors.

Finally, this Judgment and Vote is contrary to, yea void, null by the law of God, (the **Gen▪ 18. 25.Gen 18:25righteous Judge of all the earth,) as appears by comparing it with Num. 35. 30. Deut. 17. 4, to 13. c. 19. 15. c. 16. 18, 19, 20. 2 Chron. 19. 5, 6, 7. John 7. 51. And condemned as unjuſt, by the Preſident of God himſelf; who as he doth not pervert judgement, nor do wickedly, Job 8. 3… 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 p. 45ſtand 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. **Exact Collect. p. 496.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 th…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 r…ght underſtanding p. 46and 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 theirssEvact Collection. p. 650, 655, 657. 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 d… 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▪ ttExact Collection, p. 259, 260.reſolved, That the levying war against the Parl. is Treaſon; and whoever ſhall aſsiſt the King (though the chief Member anduuModus Tenendi Parliamentum, Cooks 4▪ Inſtit. c. 1. 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 1… R. 2. 1 H. …. and ought to ſuffer as Traytors. Which Votes were ſeconded by manyxxA Collection of Ordinances, p. 13. 14, 33, &c. 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 TRAYTORSyyA Collect…o… p. 200, 201. 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 p. 47attempted not to ſe…fe any Member. By the proceedings againſt the**A Collection p. 452, 453, 454, 455, 513. 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)(z)See the 2d. part of the Hiſtory of Independency, and their Declaration of 17 March▪ 1648. 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 M…mbers, at a great diſtance, not perſonally in or at the Houſe doors, without ſe…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, conde…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**A Lawyer now …itting, lately uſed theſe words of the ſecluded Members, That they would ſtill keep them out perforce, and hold their Noſes to the Grindſtone, becauſe they had the Army on their ſide. forces raiſed againſt the King and his party, to gard and defend the Members to both Houſes, to fit and vote with freedom and ſafety, by armed force to ſecure and impriſon above 40. Members at once, and to ſeclude above 200. more by their Commands, being the minority of the Houſe, at the Houſe doors, and ſuppreſs the whole Houſe of Lords three or four times one after another, after their executions and ſequeſtrations; and what puniſhment ſuch unpreſidented offences de…erit, ſhould we demand juſtice againſt p. 48them for it, after ſo many provocations, and not willingly prete…mit it upon their repentance and ſatisfaction, for the publick peace and ſettlement in the midſt of our preſent Diſt. actions, upon their voluntary admiſſion of us, without any of their new Eagagements on our Conſciences, to diſcharge our Truſt, and prevent the ruine of our three Kingdoms, by their raſh and dangerous Counſels.

2ly. That their own Votes, Publications, and cenſures againſt the Army-Officers, as well Members as others, who forcibly excluded and diſſipated themſelves beyond expectation, April 20. 1653. and October 13. 1659. (a juſt, divine retaliation, for ſecluding their Fellow-Members) which they deemed both tyrannical, yea treaſonable in them, and deme…iting expulſion out of the Houſe, in Sir H. Vane, and others of their own Members, who gave a ſubſequent aſſent thereto, will now recoyl upon themſelves with infinit diſadvantage, and draw ſome new(a)(a)Rom. 2, 1, 2, 3. Prov. 24, 21, 22. Obad. 15. 16. Judg. 16. 8. Rev. 13. 10.Rom 2:1Rom 2:2Rom 2:3Prov 24:21Prov 24:22Judg 16:8Rev 13:10 exemplary puniſhment of God upon them for their new forcible ſecl…ſion and ejection of us; they being but 60 at moſt, and we near 200. they having**Cooks 11. Rep. f. 98, 99. violated their Truſts, Proteſtation, Covenant, and the privileges of Parliament, which they were obliged conſtantly to maintain all their daies, without defection or Apoſtacy, by our former excluſions and ejection, and we having done neither, but only endeavoured inviolably to preſerve them by our Vote, and claims to ſit in the Houſe: They keeping up the ſame armed Gards, as their only ſecurity to ſit, which ſecluded us heretofore, and now, & twice ejected them; and we deſiring no other Gards, but thoſe(b)(b)Pan. Trajano dictus, p. 93. & Lip…ius commentar. Ibid. p 94. Pliny (c)(c)De Clementia, l. 94.Seneca, ddIn Antoni…m.Tully, inform us to be the beſt and ſafeſt of all other, our own Innocency, and the Peoples love for whom we ſerve, remembring that of Pliny to the good Emperor Trajan, Quanto tutior, quanto ſecurior eadem domus poſtquam ejus non crudelitatis ſed amoris excubiis, non ſolitudine & clauſtris, ſed Civium celebritate defenditur? Fruſtra ſe terrore ſuccinxerit, qui ſeptus …aritatenon fuerit; Armis enim arma irritantur (as we have found by ſad experience) Ʋnum eſt inexpugnabile munimentum, amor Civium; which they will never gain, but loſe and forfeit by our unjuſt ſecluſion, and expulſion.

p. 493. That it is a Maxime in Law, inſerted into the very Writs of ſummons to Parliaments(e)(e)Regiſter of Parliamentary Writs, part 1. p. 6. Caluſ. 23 E. 1. m. 4. dorſo, as a most juſt, and provident Law, eſtabliſhed by all prudent pious Princes, and the very reaſon and ground of all Parliamentary aſſemblies, ut quod tangit omnes ab omnibus appr…betur. Hereupon our Judges and (f)(f)39 E. 3. 7. 2 R. 3. 11. 8 H. 6. 34, 35. 4 H. 9. 10 17. 1 Jac. c 1. Brook Parl. 26, 40. 41, 98, 101▪ Cooks 4 Inſtit. c. 1.Jas 1Law-Books reſolve, that general Acts made, and Taxes granted in and by Parliaments, oblige all men, upon this only account and reaſon, becauſe all Counties, Cities, Boroughs and Ports, are parties and conſenters to them in Parliment, in and by their Knights, Citizens, Burgeſſes and Barons, impowered with full and ſufficient Authority for themſelves, and the Commonalties of the ſaid Counties, Cities, Boroughs and Ports, by their Indentures and Retorns, to conſent to, and do whatever ſhall happen to be ordained in Parliament by common council; as the laſt clauſes in the Writs for Elections, with their Retorns and Indentures reſolve; and for want of which power, and Repreſentatives, if ſecluded, no Acts can be paſſed, no Taxes impoſed on them that are obligatory. And upon this very ground, the Statutes of 25 E. 1. c. 5. 8. & De Talligio non Concedendo, c. 1, 2. 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15 E. 3. Stat. 2. c. 1. Stat. 3. c. 5. 21 E. 3. rot. Parl. n. 16. 25 E. 3. rot. Parl. n. 16. 27 E. 3. Stat. 2. c. 2. 36 E. 3. rot. Parl. n. 16. 38 E. 3. c. 2. 38 E. 3. rot. Parl. n. 40. 51 E. 3. rot. Parl. n. 25. 11 H. 4. rot. Parl. n. 50. The Petition of Right, 3 Car. and the Statutes of 17 Car. c. 1. 8. 12. made at the begining of this Parliament, do all enact, declare and reſolve, in preciſe words; That no Tax, Tallage, Ayde, Subſidy, Loan, Cuſtom, Impoſition, or other Aſſeſment whatſoever, ſhall or may be impoſed, or levyed on the Subjects, without common conſent of the Lords and Commons in full Parliament, by Act of Parliament: And thoſe now ſitting in their printed Paper, Octob. 11. 1659. Intituled, An Act againſt the raiſing of Monies upon the people, without their conſent in Parliament; enact, That no perſon or perſons ſhall after the XI. of October 1659. Aſſeſs, Levy, Collect, gather or receive any Cuſtoms, Impoſt, Exciſe, Aſſeſment, Contribution, Tax, Tallage, or any Sum or p. 50Sums of Money, or other Impoſition whatſoever, upon the people of this Commonwealth without their conſent in Parliament or us by Law might have béen done before the third of Novemb. 1640. And it is further enacted and declared, That every Perſon offending contrary to this Act, ſhall be, and is hereby adjudged guilty of H…gh Treaſon, and ſhall ſuffer, and forfeit as in caſe of High Treaſon. If then they ſhall forcibly ſeclude, not only the whole Houſe of Lords, but the Majority of the Knights, Citizens and Burgeſſes, out of the Commons Houſe, as now they do, moſt Counties, Cities and Boroughs of England, having not ſo much as one Knight, Citizen or Burgeſſe, to repreſent them, being all forcibly excluded, or dead, they being not a fifth part of the Houſe, (who could never legally impoſe any Tax upon the people, before Nov. 3. 1640. nor ſince, as all theſe Acts, with**Cooks 2 Inſtit. p. 530, to 536 M^r. Hacwel…s, Judge Hut…ons, Crooks, and Mr St. Johns Arguments & speech againſt Shipmony and Impoſitions. ſundry other Records and Law-Books reſolve) they can make no Laws, Orders, Ordinances, that are binding, nor impoſe the leaſt Tax, Talluge, Impoſition, Exciſe, Contribution, or any other payment whatſoever, upon the people of this Nation, much leſſe upon us, whom they thus forcibly exclude, and thoſe Counties, Cities and Boroughs for which we ſerve; nor any perſon or perſons levy them, without incurring the Crime, Penalty, and forfeiture expreſſed in their own late Act, it being a received Maxim amongſt all Politicians, Lawyers, Nations(h)(h)Groti…s de Jure Del i, & p. ci…, l. 2. c. 15. fect 3. Alex, ab Alevandro, Gen. Di…um, l. 4. c. 11. Populi Minor pars, pop…l…m non ol ligit; and that nothing is or can be ſaid to be done, or acted, by the Common Council and conſent of the people in full Parliament, by Act of Parliament, which is done and acted only by the Minor part of the Commons Houſe, when the greateſt part of the Members of Parliament, are forcibly ſ…oluded, or driven thence by armed violence, eſpecially by the commands and conſederacy of the Minority of their fellow-Members; our preſent caſe and condition, which we repreſent, to the whole Nations ſerious conſideration, and of a full and free Parliament, as thus st…d in matter of Fact, and debated in point of La…, for our neceſſary Vindication, and theirs we p. 51repreſent; and to our Secluders ſecond thoughts: Who having in their freſh**page 8, 9, 10. 14. 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 **The ſeizing of 4500. pounds ready money by Armed Troopers and Souldiers in a Citizens houſe in Pauls Church-yard at 12. of the clock at night, the 27th. of this January, and carrying it away by order from White-Hall, is a memorable performance of this Declaration.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**Si… Robert Pye, and Major Fincher. Gentlemen and Freemen ſent up with**See the Letters from the Co…nties of Cornwall, Devon▪ Berk…, Gloceſter, Northampton, suffolk, &c. 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 p. 52theſe 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 **The higheſt & worſt of Tyra…n…es and Treaſons.Parliamentary power, and diſcharge thoſe Debts, their own extravagant Councils and Actions (in not hearkning to our Vote for which they Excluded us) have contracted, only to make us more miſerable, baſe, ſlaviſh, unſetled than ever heretofore.

Upon the whole matter which we have truly ſtated, and debated (though with ſome Diſtraction, and Interruption) in our own behalf, and of thoſe Counties, Cities and Boroughs by whom we were elected, and whom we have faithfully ſerved in Parliament, according to their truſts repoſed in us; we do appeal from the Armies unjust force and illegal violence, and from the unpreſidented, generall unreaſonable, unparliamentary Votes and Judgements of a few of our diſſenting Fellow-Members, procured by the force and demands of the Army, and paſſed by parties behind our Backs, during our forcible ſecluſion, only for our free Vote in Parliament, when they and the Commons of the whole Kingdom were involved therein by the reſolution of the Majority of the Houſe, unto the impartial Judgement of a full and free… Parliament: and in the mean while we do claim the benefit of our Laws, and eſpecially of the Great Charter, the Petition of Right, and the good Acts made in the beginning of this Parliament, (after ſo much Blood and Millions of our Treaſure expended) for the protection of our Perſons, Eſtates, & Liberties, and of thoſe we repreſent, againſt all arbitrary. Proceedings, Votes, Impoſitions, Taxes, and armed violence of our Secluders, or their forces, that whereas by the**Rom. 13. 2, 3▪ 4. 1 Pet. 2. 14.Rom 13:2Rom 13:3Rom 13:41 Pet 2:14 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, w^ch is our Birth-right, may not be hunted or ſeized by Souldiers, p. 53for our former Vote, and obſerving the Declarations and Remonſtrance of this Parl. the Proteſtation, Solemn League and Covenant, and other Oaths which lawfull Authority have ingaged us in, (and our Secluders joyntly with us, and the Army-Officers too) and in the conſciencious obſervance whereof we hold our ſelves obliged to live and die.

And having nothing (if we know our own hearts,) in our thoughts or endeavours, but that the true reformed Religion may be preſerved and flouriſh; the Plots of Jeſuits and Romiſh Emiſſaries prevented; the Privileges, Rights, Honour, and Splendor of Parliaments vindicated and reſtored, the Laws and Liberties of the Kingdom cleared, reſcued, and preſerved from arbitrary violations, a d…e regard had to tender Conſciences, intollerable publick burthens eaſed, as comprehenſive an Act of O…l…vion and free Pardon paſt, as will ſtand with publick ſafety, honour and juſtice; Trade in City and Country reſtored, the increaſed ſwarms of ſtarving Poor relieved and imployed; juſt Debts and Rewards both to Souldiers, Purchaſors, and others ſatisfied and ſecured, and theſe ruined Kingdoms happily eſtabliſhed upon laſting Foundations of Truth, Righteouſneſſe and Peace; now we have cleared our ſelves to the world, and thoſe who have entruſted us, we can patiently attend Gods future diſpenſations; yet ſhould be very glad, that as a**Exact Co… …tion, p. 13. 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 p. 54their hands (which like Jona…s gourd they ſee by ſenſible experience may wither in a day, or be turned againſt them,) harden themſelves againſt the ſafe, ſober, and Chriſtian Councils of ſo many of the Nobility, Gentry, Miniſtry and Commonalty of all Callings and Degrees, as of neceſſity muſt conceive themſelve; for the ſafety of the Nations, or periſh with them, obliged to endeavor that the great Council of this Nation, (by the advice of ſo many perſons of Intereſt and Quality) may be ſuffered to ſit free of force or guards, but of their own appointment, and dead places filled up by new election, untill a free Parliament, according to the triennial Act, may be called and convened without interruption or praelimitations. That ſo by ſober, diſcreet, peaceable, impartial, full and free Councils, theſe three languiſhing divided Nations, and the City of London (the Metropolis of this Empire) may be reſtored to their former renown, honour, peace, unity, proſperity and trade, the two great Pillars of Magiſtracy and Ministry, vindicated from contempt and violence, and thereby a ſtable Settlement obtained both in Church and State, to the rejoycing of all that truly fear God at home, and the reviving and preſervation of the reformed Churches abroad, almoſt totally ruined, and become a prey to the common enemy, by our and their unchriſtian diviſions.

Alexander ab Alexandro, Genial. Dierum, l. 4. c. 11. Erat igitur Sena…oris Officium, tam de promovendis Magiſtratibus, provinciiſque administrandis, quam de bellis, triumphis, ſupplicationibuſque decernendis, deque praefidibus in provincias, & a…xiliis ſubmittendis, de leg… de foedere, & pactionibus, ac to…a gerenda rep. libere ſentire, ac fortem conſtantemque ſententiam dicere. Et ſi duae Senatum distinerent ſententiae, cum …liud alii …nferent, Id quod Senatus maxima pars decer…xet, id ra…um fieri annotatum eſt.