A narrative of the cause and manner of the imprisonment of the lords now close prisoners in the Tower of London.

A NARRATIVE OF THE Cauſe and Manner of the Impriſonment of the LORDS, Now Cloſe Priſoners in the Tower of London, &c SIR,

IN your laſt you commanded me to give you an enact account of the opening and proceeding of the Parliament: You knovv you may freely command me to ſerve you in any thing I am able, but you likeviſe knovv that I am no Courtier nor Member of Parliament, and therefore I Wonder you should apply your ſelf to me on this occaſion, ſince you have ſo many Friends, as vvell at White-Hall, as in both Houſes, vvhich could give you a more particular Relation. But leſt you should think I ſay this to excuſe my ſelf from ſerving you, I shall, as vvell as I can, give you an account, both of vvhat I my ſelf have obſerved in this matter, and vvhat I have received from common Fame.

ON Thurſday, the 15th. of February, the Parliament (as they call themſelves) or the Convention, (as I hear others generally call them) Met: And at the ſame time a vaſt number of People, filled Weſtminſter Hall, the Court of Requeſts, the Painted Chamber, the Lobbies, and all places near the Parliament Houſe; that the like was never before ſeen upon the Meeting of This, or any Other Parliament in our Memory. I being one of the Number, was more than ordinarily curious to find out and obſerve the temper of that great Body of People, and what it was they did deſire or expect; and upon the ſtricteſt Enquiry I could make, I found that (except a few Perſons who were engaged thereto by their Intereſt or Dependance) they did earneſtly deſire and expect, they ſhould declare themſelves to be No Parliament.

When the King was come, the Commons were ſent for up to the Lords Houſe. Where I made a ſhift to crowd in and hear. The King and my Lord Chancellour made each of them a Speech worthy your Conſideration; Copies whereof I have hear ſent you. As ſoon as the Speeches were made, and the Commons withdrawn, a Bill was offered to be Read: But the Duke of Buckingham deſired to be heard firſt; who after a moſt ingenious and modeſt Preface, told their Lordſhips, That in his Opinion, the Queſtion before their Lordſhips, was not what they were to do, but, Whether they could do any thing as a Parliament. It being very clear to him, that the Parliament was Diſſolved; For which Opinion he gave his Reaſons; which becauſe they are the Sum of all that was ſaid, to prove the Diſſolution, I ſhall give you as good and as brief an account of them as I can. He ſpake to this purpoſe, Viz.

That the laſt Prorogation being for 15 Months, was contrary to two Printed Statutes, the 4th. and 36th. of Ed. 3 (which he proved to be in force at this time) that require Annual Parliaments, and being ſo, was illegal; and that they could not meet by virtue of an illegal Prorogation, and therefore were Diſſolved; For there being no legal Day for their Meeting, they could never Meet, unleſs it were by chance; and an accidental Meeting of the King, Lords, and 500 Commons could not make a Parliament, nor could the Kings Proclamation help the matter. For a Proclamation was not of more force than a Prorogation, and if a thing were illegal when firſt commanded, it could not be made legal by a ſecond Command. And he ſaid, No body could pretend, that the Kings Proclamation could make that a legal Parliament, which was not ſo before. And having anſwered all Objections of the Kings power to diſpence with ſome Laws, and ſuch other as ſeemed to carry any colour of making the Prorogation legal, and having ſhew'd the great Inconveniencies that did ariſe from the long Sitting of Parliaments; how the very Nature of this Houſe of Commons was changed; for now they did not look upon themſelves as a Aſſembly that are to return to their own Homes, and become private men again (as by the Laws of the Land, and the antient Conſtitution of Parliaments they ought to be) but they look upon themſelves as a ſtanding Senate, and a number of men pickt out to be Legiſlators for the reſt of their whole Lives. He told their Lordſhips, The matter was now brought to this Dilemma; Either the Kings of England were bound by thoſe Statutes mentioned of Ed. 3. Or elſe the whole Government of England, by Parliaments and by Law, is abſolutely at an End. For if the kings of England have Power by an Order of theirs, to invalidate an Act made for the Maintainance of Magna Charta, they have alſo Power by another Order of theirs to invalidate Magna Charta it ſelf. And if they have Power by an Order of theirs to invalidate an Act made for the maintainance of the Statute De tallagio non concedendo, they have Power alſo when they pleaſe, by an Order of theirs to invalidate the Statute it ſelf De Tallagio non concedendo, and then they may not only without the help of a Parliament raiſe what Money they pleaſe, but alſo take away any man's Eſtate when they pleaſe, deprive every one of his Liberty or Life as they pleaſe. This he told their Lordſhips, was a Power which no Judge nor Lawyer will pretend the kings of England have, and yet this Power muſt be allowed them, or elſe they that were met there that day, could not act as a Parliament. For they were then met by virtue of the laſt Prorogation, and that prorogation is an Order of the king's point blank contrary to the two Acts of Edvv. 3. for the Acts ſay, That a Parliament shall be holden once vvithin a year; And the Prorogation ſayes, A Parliament ſhall not be held within a year, but ſome months after: And this I conceive is a plain contradiction, and conſequently the Prorogation is void. He further added, That noting could be more dangerous to a king or a people, than that Laws ſhould be made by an Aſſembly, of which there can be a doubt, whether they have power to make Laws or no? And ſaid, It would be unexcuſable in them, becauſe there is for it ſo eaſie a Remedy; a Remedy which the Law requiers, and the Nation longs for. The Calling of a Nevv Parliament. And he ſhew'd the great Advantages that would acrue to the King, their Lordſhips, and the People, by frequent and ſucceſſive Nevv Parliaments. That without this, all they could do would be in vain: the Nation might languiſh a while, but muſt periſh at laſt, they ſhould become a burthen to themſelves, and a prey to their neighbours; and therefore mov'd, That their Lordſhips would humbly addreſs themſelves to the king to Call a Nevv Parliament; that ſo they might unanimouſly (before it be too late) uſe their utmoſt endeavours for his Majeſties ſervice, and for the honour, the ſafety, the welfare and the glory of the English Nation.

No ſooner had the Duke ended his Speech, but the Lord Fretchvil mov'd to have him call'd to the Bar, and the • e proceeded againſt as ſhould be thought fit. The Lord Salisbury ſaid, That vvas to take avvay the Freedom of Parliament. And maintain'd the Duke in his aſſertion with great Reaſon. After him the Lord Alisbury argued againſt the Diſſolution, and againſt the Duke's being call'd to the Barr. The Lord Arundel of Trerice ſeconded the Lord Frechvil's motion. The Lord Halifax ſaid, The Parliament was not in his Opinion Diſſolved, but that it was ſo far from a Crime in the Duke to move it, that it deſerved Commendation, becauſe this was a proper place for the motion, and the Determination of it would be of advantage, which way ſoever the Houſe ſhould determine it. The Lord Berkshire ſpoke againſt calling to the Barr, and made a jeſt of it. The Lord Shaftsbury ſaid, The calling the Duke to the Barr were to take away all liberty of ſpeech in Parliament; he very judiciouſly opened the ſtate of the caſe with relation to the Diſſolution: He ſhewed, That by the common law there ought to be Annual Parliaments; That divers Statutes had provided for Annual Parliaments; That we have right to our laws, and Theſe are the laws that preſerve our Rights; That theſe are the only laws by which the King is bound to call any Parliament; That the King is bound by his Oath to keep the laws, and that it is a great crime in any to endeavour to make him break his Oath: That tis dangerous to remove Old Landmarks That many Inconveniences have ever been the conſeqences of long Parliaments: And after many Arguments and anſwering all Objections to the contrary, he concluded the Prorogation was illegal. The Marqueſs of Wincheſter ſaid, The Parliament was not Diſſolved, but thought the Duke, who moved the buſineſs, deſerved thanks. The Marqueſs of Dorcheſter carried on the debate of the Diſſolution, and argued againſt it.

After this (which was about an hour) the debate of the Diſſolution was continued about four hours, the Lord Chancellor undertaking to anſwer the Arguments which were or ſhould be urged for it. This the Lords underſtood to be an implied lience to ſhew the reaſons of their opinion, and accordingly a good number of Lords urged unanſwerable Reaſons to prove the Prorogation illegal, and that they could not by law Sit, and Act, as a Parliament: And all this while there was no reflexion upon any of the Lords for their opinnion; for the Commons were ſtill ſitting, and upon debate of that matter; and the Court, Church, and Popiſh Lords could not tell what would be the Iſſue of the Queſtion amongſt them. But as ſoon as they had notice that the Commons were up, and had not ſuffered any Queſtion to be put upon it, but had run the Debate upon a Queſtion that had no ground either in law or Reaſon, which they had not determined neither, but had adjorned to the next day; They from this took right meaſures to conclude, that the major part of the Commons were unwilling to part with their Seats, and thereupon took confidence to ſhew them, that they had the major part of the Lords too: and having ſo in both Houſes, they need not fear to do whatſover they had a mind to; and therefore without offering any colourable anſwer to the reaſons and arguments that had been urged, they put this queſtion, Whether this debate should be laid aſide? and it was carried in the Affirmative. As ſoon as this Queſtion was carried, the lord Treaſurer moved; that it might be conſidered what to do with thoſe lords that had aſſerted; That the Parliament vvas diſſolved: The Duke of Ormond moved, that the Duke of Buckes might be queſtioned; The lord Treaſurer moved, That the Earl of Salisbury, of Shaftsbury, and the lord Wharton might be queſtioned. The motion of theſe Lords (as I thinke I have been told) was ſeconded by the Duke of York, and ſome of the lords called upon them to withdraw, but they continved in their places as others of the lords declared they ought to do. The Debate continued 〈◊〉 hours, whether they ſhould be queſtioned, divers lords urging, That it was againſt the Priviledge of Speech, to which every Peer had right, to queſtion them.

And the Lord Privy Seal, made along, and moſt ingenious, and judicious Speech to that purpoſe. He ſaid, It was an Eſſential Priviledge of all Courts, that every one of the Members of any of them, ſhould have Liberty to propoſe and debate any matter, that concerned themſelves as a Court, or their own Juriſdiction; And this liberty is not only grounded upon the Law of England, but Reaſon has ſo clearly declared it to all Men, that it is allowed for Law in All Countries, much more ought to be allowed for Law in England, where we boaſt our ſelves to be a Free People; and much more to every Member of the Houſe of Lords, which is a conſtitutive part of the Legiſlative Power. And indeed nothing is more plainly provided for in the Law of England than this: Ask the Judges, and they will tell you, They are not Queſtionable for their Opinion delivered in Court, tho over-rul'd by their Brethren as contrary to Law. And ſhall not a Member of the high Court of Parliament have as much Liberty as the Judges of every Inferiour Court in England claims? He ſaid, There were many Records and Acts of Parliament, which did declare it to be the right of the Peers To Propoſe and Debate any thing vvhich they thought to be for the Good of the King and Kingdom. And by the ſtanding known Rules of the Houſe, if any Motion be made that gives Offence, the Propoſer ought immediately to be queſtioned, or not at all; and no Man is to Anſwer for any thing that has been Debated, and a Queſtion put upon it; for by entering into the Debate, they allow it to be Diſputable, and give Licence to the Lords to ſpeak their Opinions of either ſide. And ſhould they Invade this Liberty, and break theſe Rules (as in Queſtioning theſe Lords they ſhould do) they ſhould not Act is a Parliament, but as an Arbitrary Aſſembly; and there could be no Safety for any Member of Parliament; For whatſoever was Propoſed by a • y 〈◊〉〈◊〉 the Major Vote went againſt him, he and thoſe of his Opinion might be queſtioned, and then no New law could be made, nor Inconvenient one altered or abrogated; For no law can be made or altered, but it muſt be propoſed by ſome body, and none could dare to propoſe it, leſt the Houſe ſhould not be of his Opinion, and then he could not be ſecure. He added, That this was the Caſe of every Lord there; For, ſuppoſe the Major Vote had been, That the Parliament vvas Diſſolved, he believed they would not have been willing it ſhould have been accounted an offence in them that had maintained that it was not: For if ſo, they did thereby allow that a Nevv Parliament might queſtion them for their Opinions, tho they had now the Major Vote; and yet the reaſon will be the ſame if not gre •• er, than for the puniſhing theſe great Lords; For if we are in an Error, we have aſſumed a Power Illegal, that was not in us of Right: But they have only Doubted, that they and we want that Authority which in our Opinion we have. But, ſaid he, 〈◊〉 is not what their Opinion was, or what they ſaid is to be conſidered: but, Whether we do not Violate our own Priviledges in the higheſt meaſure in the World by Queſtioning theſe Lords? And whether if they ſhould be forced to with-draw by the Major part of the Houſe, we do not at the ſame time Vote our own Priviledge of Speech out of doors? And whether if we looſe this Priviledge of Speech, we ſhall not thereby become Uſeleſs and Inſignificant? And whether by Judging thoſe four Lords, and only four, when divers others were in the ſame Condition with them, as having maintained the ſame thing, we ſhall not ſhew our ſelves Partial and Unjuſt? And whether this kind of Proceeding will not reflect much upon the Honour of the Houſe, and ſubject us to Cenſure both at home and abroad, where ever the ſtory of it ſhall be related? Theſe things, ſaid he, are worthy your Conſideration before you Queſtion theſe Lords. But this and much more which was ſaid by his Lordſhip, and a great many other of the Proteſtant Temporal Lords, could not prevail with the Court-Lords, Biſhops, and Papiſts. For theſe laſt ſeeing their great Head ſo ſet upon it, were reſolved to follow him, though contrary to their ſences, (This is not ſtrang in them whoſe Religion teaches them to believe and act againſt ſence:) their Promiſes, and their Declarations before they came into the Houſe. The two former knew who had the diſpoſal of Preferments, and Rewards, and therefore minded not what was ſaid, but who ſpake; and had learnt the Wiſdom my lord Chancellor mentioned in his Speech, Viz. To enjoy vvhat they could at preſent, vvithout regard to to the future. And yet they durſt not Venture to execute their deſign upon thoſe Lords that night, becauſe they knew not with what Spirit the Commons might be moved next morning upon the Debate, Whether it was a Prorogation or an Adjournment, which they had appointed then to be conſidered. And therefore they move to Adjourn the Debate of Queſtioning thoſe Lords till the next morning. This was oppoſed by the Four Lords, and many other Noble Peers, but they were all anſwered by the Vote.

This Sir, was all the Tranſaction of that day, ſaving that the Lord Shaftsbury willing it ſhould appear upon their Books, what their Accuſation was, and that they might know what to Anſwer to the next morning, Deſired their Charge might be written, which was done accordingly in theſe Words. VIZ. For Propoſing to the Houſe, and Aſſerting, and Maintaining, that this Parliament is Diſſolved.

The next morning being Friday the 16, about too a Clock the Debate was again Reſumed, and was raiſed high, and continued about three hours, in which time 'twas urged in the behalf of the four Lords, that three ſeveral times, Viz. 1. Hen. 7. 1 Q. Mary 1 Q. Eliz. the very ſame debate was in Parliament; It was then doubted whether the Writs were good (in form) by which they were ſummoned, and yet no man queſtioned for moving and debating it. The Religion eſtabliſht had been ſeveral times altered by Parliament, yet none ever queſtioned for propoſing and debating it; And the • arliament being Re-aſſumed before the day to which 'twas prorogued, in the year 1666, It was moved to conſider whether they could Act as a Parliament and the propoſer never queſtioned. And nothing could be more proper then ſuch debats, for ſhould there be a doubt whether they had Authority to Act as a Parliament, and yet Acts be made (and the Queſtion undetermind) thoſe that doubted, might diſpute thoſe Acts and overthrow them, if it ſhould happen that the Judges, ſhould be of opinion, that they had not a Legal Authority. And therefore 'twas a great hardſhip, that the Judges were not ſuffered to give their opinion in the poynt, when the Duke of Bucks, required it: It was likewiſe ſaid, That thoſe that had ſate and made Acts as a Parliament had after ward been declared no Parliament (in futrue parliaments) and their Acts nulled, as 39. Hen. 6.

And then it was not thought a crime to propoſe the conſideration of their Authority, tho the King had ſummoned and jontly acted with them as a Parliament, yet that was a greater queſtioning of the Kings Prerogative then this: For as yet the King had not joyned with them to Act as a Parliament.

Now the debate had ended much ſooner then it did (as moſt men think) by a Vote againſt the Lords (the only way of Anſwering their unanſwerable Arguments) but for two Reaſons, one was the ſame that had occaſioned it to be adjorned, the night before; They were willing to ſee what was done by the Commons, And here by the way of digreſſion, let me acquaint you, how the matter was managed amongſt them: The firſt day it was moved in the Houſe of Commons, that they could not Act by vertue of the laſt prorogation, and of that opinion were many of the beſt and wiſeſt amongſt them: But the Speaker, Indigents Courtiers, and ſome Contry Gentle-men (as thay have higher to pretended to be) were Impatient at it, and uſed all their Art to avoid the debate, as fore-ſeeing ſhould a fayrer debate be admitted, they could not anſwer the Arguments might be urged, therefore, as I told you, they run it off upon a ſtrang ſenſeleſs Queſtion, Whether it vvere a Prorogation or an Adjornment (the Houſe generally agreeing, that it could not be a Prorogation and legal) which queſtion they alſo adjorned till the next morning and from thence till the Monday following; And when it came then to be debated, the ſame party that had put off the debate (by that trick) before, ſpoiled even that debate too, by moving to have Liberty of ſpeech to debate it. And after this had been long diſputed, and 168 that were for a Vote to paſs, that they ſhould have Liberty of Speech, and were alſo of opinion, That the laſt prorogation was illegall, could not get the Speaker to put the Queſtion, but the major part of the Houſe joyned with him, And put another Queſtion by which they concluded themſelves to be a Houſe and to ſit by virtue of the Prorogation. The Queſtion was, Whether they should appoint Nevv Committes? which was carried in the Affirmative.

But to return to the Lords, I am next to tell you the other Reaſon that they ſuffered the Debate of queſtioning thoſe Four Lords to continue ſo long, ſince it ſeems as if they were reſolved not to be convinced by any Reaſon could be urged for their Defence. And the World judges this to be the Reaſon, viz. That they thought four ſuch Lords as had ſo great Reputation for Wiſdom, Intereſt and Courage, ſuffering on this account, would give too great a Credit to the thing they had propoſed, & their induring Impriſonment rather than Recant their Opinions, would make the World examine it too narrowly; and ſo the Queſtion, which they endeavoured to ſmother, would grow more publick, and the People would be made ſenſible, that what thoſe Lords urged was only to aſſert the Rights and Liberties of the People of England in having frequent Nevv Parliaments, and Freedom of Speech in Parliament. And therefore though they had ſingled thoſe Four out of all the reſt of the Lords that had maintained the ſame thing: Yet ſome of the Court Lords not out of love to any of the Four, but to avoid this Rock, and to prevent having ſo ſtrong a Teſtimony of their Illegal Proceedings, as the Intereſt and Reputation of thoſe Four Lords would give, did labour, if poſſible, to ſingle out the Duke of Bucks, and the Lord Shaftsbury from the other two, nay ſome ſeem'd to deſire the Duke of Bucks alone might be Queſtioned, as being the firſt mover in this matter, which he perceiving withdrew and went away, and immediately after the Vote paſſed for all their with wrawing; and though the Duke's going gave ſome diſappointment to their Deſign, yet ſtill they purſu'd it, by endeavouring, if it were poſſible, to ſeparate my Lord Shaftsbury from the other two: But in this alſo they were diſappointed, for my Lord of Sailsbury being call'd in firſt, ſoon ſhew'd them by his prudent and g • llant Reſolution, that all endeavours of theirs to divide him from ſo good a Cauſe, and truly Noble Company, were but in vain. And the Lord Wharton tho in ſo great an Age, and under Circumſtances as might ſome what have excus'd him, yet bore it with ſo much Honour and Reſolution, as wholly fruſtrated their deſign of that kind, for though my Lord Salisbury was not called to the 〈◊〉 , but to his place in the Houſe, and there told by my •• rd Chancellor, That the Houſe did obſerve, that he did 〈…〉 , that the Prorogation is Illegal, at which the Houſe had 〈◊〉 great Offence, and lookt upon it, not only as an offence to the Houſe, but alſo to the King, and therefore required him to ask pardon of the King and the Houſe. This his Lordſhip refuſing to do, (after he was again withdrawn) the Houſe judged this to be a Contempt, and that he ſhould kneel at the Bar as a Delinquent, and be committed to the Tower during the pleaſure of the King and the Houſe.

Next my Lord of Shaftsbury was called, not to his Place, but to the Bar; and not only required to ask pardon, but to make his acknowledgment in theſe very words, Viz. I do acknovvledge my endeavouring to maintain this Parliament is Diſſolved, vvas an ill adviſed Action, for vvhich I humbly beg Pardon of the King, and this moſt honourable Houſe. Which his Lordſhip refuſing to do, the Houſe judged it a Contempt, and that he ſhould kneel at the Bar as a Delinquent, and be committed to the Tower during the pleaſure of the King and the Houſe. The Earl of Shaftsbury and Earl of Salisbury both deſiring they might have their own Cooks.

The 〈…〉 was called, not to the Bar, but to his Place in the 〈◊〉 and the ſame words ſaid by the Lord Chancellor to him, as before to my Lord of Salisbury, but he alſo refuſing to make his acknowledgment was likewiſe called to the Bar, and committed to the Tower.

By which different manner of proceedings, It is manifeſt, that they would gladly have leſſened the Teſtimony of thoſe Lord had they not been perſons that knew not how to conſult their particular conveniencies before their own Honour and the Publick Intereſt.

Next morning, the Houſe ſitting, the Duke of Buckingham came in and took his Place, but was immediately call'd upon to withdraw, He earneſtly preſſed to be firſt heard, but that not being ſuffered, he withdrew, and was immediately ordered to be brought to the Bar by the Gentleman-Uſher of the Black-Rod, which accordingly was done, where he ſpake to this purpoſe:

My Lords, Yeſterday vvhen I vvent avvay I vvas ill, and beſides, I thought I had ſufficiently tyred your Lordships vvith my Diſcourſe; but ſince I hear you have committed the Earl of Salisbury, Earl of Shaftsbury, and my Lord Wharton to the Tower, I am come hither to pray your Lordships to Diſcharge them, or if not, to Send me to bear them Company, for I conceive they have done nothing, but vvhat I have done as much, they only Arguing for vvhat I firſt moved. After which the Lord Chancellor ſpake to the Duke of Bucks as follows: My Lord, I am to tell you in what Condition your Affairs ſtand here, My Lords find you highly guilty in Aſſerting, That this Parliament is Diſſolved, and very active in maintaining it, and therefore have Ordered, that you make this acknowledgment at the Bar, which I ſhall read to you, viz. I do acknovvledge that my endeavouring to maintain, That this Parliament is Diſſolved, vvas an ill adviſed Action, for vvhich I humbly beg the Pardon of the Kings Majeſty, and of this moſt honourable Houſe. To which the Duke replyed; That if he had been unmannerly in his Behaviour, or if he had let fall any foolish or undecent expreſſion, he vvas ready to ask Pardon; But there vvere tvvo things for vvhich he never could ask Pardon; The firſt vvas for Thinking (for that no man can help.) The next vvas for declaring to their Lordships vvhat he did Think to be for his Majeſty's Service, their Lordships Henour, and the Good and Safety of the People of England: For if I should not do this, I vvere not an honeſt Man, nor vvorthy to ſit in this Houſe as a Peer of the Realm. Upon which his refuſal, the Lord Chancellor pronounced this Sentence upon him: That for his Contempt to his Majeſty and this Houſe, he ſhall ſtand committed to the Tovver of London, during the pleaſure of the King, and this Houſe: Then the Duke of Bucks deſired, That he might have his own Cook and Butler, and ſo withdrew.

And immediately upon the Motion of the Lord Treaſurer, and the Duke of York, this further Order was made.

Whereas George Duke of Bucks, James Earl of Salisbury, Anthony Earl of Shaftsbury, and Philip Lord Wharton, ſtand committed Priſoners to the Tower of London by Order of this Houſe; It is this Day further Ordered by, &c. That the ſaid Lords remaining Priſoners, be kept ſeverally apart, and that they be not ſuffered to meet together unleſs it be at Church; and that no Perſons be ſuffered to Viſit them, without the leave of this Houſe, except their neceſſary Servants and Attendants: For which this shall be a ſufficient Warrant.

To the Conſtable of the Tovver of London, &c.

Thus, Sir, I have given you (according to my beſt Information) an exact account of the Opening of this Seſſions, and particularly of the Proceedings againſt thoſe truly Noble LORDS, who durſt ſpeak what they knew to be Right, and for their Countrys Good, though it was never ſo unpleaſing to a Faction they knew to be but too too prevalent; nor would they deſert their Country, and Recant what they had ſo bravely Aſſerted and Maintained, though they could not but foreſee, That the Alies of the Nevy Tripple League, (Viz.) Bishops, Court and Popish Lords, who had already broke thorow the Antient Rules and Practice of Parliament, and all the Lavvs of England, would (according to the New Court Word) go Thorovv-Stitch, and ſtick at nothing to remove them out of the way, who had ſo bravely ſhewed them the Illegality of all their Proceedings, and the unavoidable Miſchiefs, if not utter Ruine they would bring upon themſelves, and the whole Kingdom, if they did continue to Act as a Parliament, when they were ſo plainly Diſſolved by Law.

The ſtrangeneſs of theſe Proceedings is become the publick Diſcourſe of the Town; and it is Obſervable, That the very Courtiers themſelves confeſs, That this Treatment of the LORDS is Prodigiouſly ſtrange and Unpreſidented, and that it hath too much made good what was ſo often told to the Members of both Houſes, before their laſt Meeting, both in Diſcourſes and Printed Papers, That if they vvould Preſume to Sit upon ſuch an Iellgal Foundation, they should be forced to do all manner of arbitrary things to ſupport themſelves.

Others ſay, that this their very firſt Act is ſuch that (ſuppoſing they had been a Parliament) they had by it deſtroyed their own very Being; for by taking away Freedom of Debates, they not only take away the Right of the Houſe of Peers, but the Priviledge of the Commons alſo, and utterly deſtroy the very Eſſentials of Parliament; nay, by conſequence the Rights and Liberties of all other Courts, Councils and Societies whatever. For nothing can be tranſacted in any publick Aſſembly, but it muſt firſt be Propoſed and Debated, and who will ever propoſe or debate any thing though of never ſo great Uſe and Benefit to the Publick, if this Liberty be denyed?

For, if the Major part may Impriſon the Minor, only for propoſing and debating, then it will follow, that if an Aſſembly or Court conſiſt of a Hundred Perſons, Fifty one may Impriſon Fourty nine for maintaining an Opinion contrary to theirs; And of thoſe Fifity one, Tvventy ſix may Impriſon Tvventy five by the ſame reaſon; And ſo the Major number may Impriſon the Minor, till they come to Tvvo; and of thoſe tvvo, let but the Stronger Impriſon the Weaker, and then according to this Rule, neither Law, Right or Reaſon is to be heeded, but only Number; and all Government muſt unavoidably diſſolve it ſelf into abſolute Force and Tyranny.

From vvhich Wretched State, I pray GOD for ever Keep this KINGDOM

And it's generally ſaid, that the manner of the Impriſonment of theſe four Lords is as Notorious as the Impriſonment it ſelf; for they are denyed the Liberty of having their Friends to Viſit them; a thing which the Law of England allows as a Right to Fellons, Murtherers, nay to Perſons Convicted of High Treaſon. For the Law of England knows no ſuch thing as Cloſe Impriſonment in any Caſe what ever, but that of Spies taken in War, or Traytors taken before the reſt can be apprehended: And even in thoſe Caſes the Cloſe Impriſonment ought to continue but for a few Dayes: But here Lord are thus committed for inſiſting upon Law, Reaſon, and the Rights of the Nation, and that in the preſence of the King and all the Peers of England.

Men further ſay, That their being Committed during the pleaſure of the King and the Houſe, is all one as being committed during Life; For if the King and Houſe will not Releaſe them, they cannot be Releaſed. But ſuch Commitments directly tend to the utter Subverſion of the Laws and Liberties of English-men; For the Law of England knows no ſuch thing as Impriſonment during the Kings Pleaſure or for Life; But only in a few particular Caſes, provided for by expreſs Statutes. But theſe Lords are not Committed for tranſgreſſing any Statutes, but for bravely ſtanding for, and claiming to themſelves and the whole Kingdom, the Benefit of divers Statutes. So that many here do believe, That the Commitment of theſe four Worthy Lords was deſign'd, not only as a Puniſhment to them, for ſo bravely oppoſing the preſent Current, but as the only fit Means to carry on the Deſignes of the Nevv Tripple-League; Such as,

Vnder pretence of Securing the Proteſtant Religion, by Act of Parliament, To declare it Lawful for our Kings to be Papiſts; As is done in a Bill the Lords lately ſent down to the Commons: and I do not hear of any one Biſhop but did readily agree to it: And ſuch as, The Lords aſſuming to themſelves an Original Iurisdiction over the Commons of ENGLAND. As they lately did in the Caſe of Dr. Cary, againſt whom they acted as Arbitrarily, and laid as exceſſive a Fine as ever the High Commiſsion Court and Star-Chamber did in ſuch a Caſe, as will appear by the Order for his Commitment, a true Coppy where of taken out of the Lords Journal, I have here ſent you.

Die Jovis, primo Martij, 1676.

WHereas Dr. Nicholas Cary being on Tueſday brought to the Bar, and there required by this Houſe to Diſcover his knowledge concerning the Author of a Book or Paper Entituled, The Grand Queſtion concerning the Prorogation of this Parliament for a Year and three Months, Stated and Diſcuſſed: And whoſe Servant that Perſon is who delivered the ſaid Book or Paper to him? He the ſaid Nicholas Cary refuſed to diſcover his knowledge thereof. Upon conſideration had thereof, the Lords Spiritual and Temporal in Parliament Aſſembled, do Order and Adjudge the ſaid Nicholas Cary, for his ſaid Contempt committed in the Face of this Court, be, and he is hereby Fined to the King's Majeſty, the Sum of One thouſand Pounds; and further, That he the ſaid N. Cary, ſhall be and remain a Cloſe Priſoner in the Tovver of London, not to be Delivered thence till he have paid his Fine.

In this Order and Judgment it may plainly be ſeen what they would be at; It is not the Liberty of thoſe four Lords only, but of all the People of England that is ſtruck at by ſome men, and they are kept in Priſon for the better carrying on of that Deſign. Our Laws are the Banks and Buttreſſes of our Liberties, and our only Fence againſt Arbitrary Povver; And if they be taken away, no man is ſecure a moment. Magna Charta, the Petition of Right, and divers other the known Lavvs and Statutes of this Realm, do expreſly ſay, That no man shall be taken, impriſoned or diſceized of his Freehold, or any othervviſe deſtroyed, vvithout due proceſs of Lavv, and Judgement of his Peers. And by the Common Law of England, No man is obliged to anſvver Queſtions againſt himſelf. But if notwithſtanding, this preſent Convention of Lords may lawfully ſend for any man, and if he will not anſwer Queſtions againſt himſelf, may judge it a Contempt, and without any legal Proceſs or Judgment of his Peers may Fine him more than he is worth, and Impriſon him till he has paid that Fine, Magna Charta, the Petition of Right, and all the Lavvs made to ſecure our Liberites and Properties are become Uſeleſs and Inſignificant things: And every Man in England enjoys his Liberty and Eſtate, not of Right or by Law, but at the Will and Pleaſure of theſe Lords.

Hence it is men ſtick not openly to ſay, It is not the Duke of Buckingham, the Earl of Salisbury, the Earl of Shaftsbury, the Lord Wharton, and Doctor Cary only; but all the Laws, Rights and Liberties of England are Impriſoned vvith them, And there is not any one Lord, Gentleman, Citizen, or Perſon vvhatſoever in England, But, by the ſame Rule, may be Impriſoned the next hour. So that their Caſe extends it ſelf to the whole People of England, and what they ſuffer they ſuffer as their Martyrs.

I Pray God deliver the King and Kingdom from the Calamitous Conſequences that theſe things ſeem to Uſher in, and bring deſerved ſhame upon ſuch Actions and Principles as for the Advantage of perticular Perſons, or little Factions tend to the Ruine of the People and Government.

So Prayes, Sir, Your Affectionate and humble Servant. J. E.