A declaration of the taking away of Sir William Waller, Sir John Clotworth, Major Generall Massie, and Collonel Copley, members of the House of Commons, from the Kings head in the Strand, to St. Iameses together with their protestation read at their removall. With a copy of the Lord Generals order for the same.

1648

A DECLARATION Of the taking away of Sir William Waller, Sir John Clotworthy, Major Generall Massie, and Collonel Copley, Members of the House of Commons, from the Kings head in the Strand, to St. Iameses: Together with their Protestation read at their removall.
With a Copy of the Lord Generals Order for the same.

Tuesday 12. Decemb. 1648.

MArshall Lawrence came and acquainted Sir William Waller, Sir Iohn Clotworthy, Major Generall Massie, and Mr. Lyonell Copley, Members of the House of Commons. That hee had Orders from the Lord Generall and the Councell of the Army, to remove them from the other Prisoners to St. Iameses; they replyed to him, That they desired to see his Orders; the Marshall answered, they w [...]re onely Verball; but the Gentlemen insisting to see a warrant for their remove, the Marshall went to the Generall, and from him about six a clock brought an Order, a true Copy of which followes: (Viz.)

You are upon sight hereof, to remove Sir William Waller, Sir Iohn Clotworthy, Major Generall Massie, and Collonell Copley, from the Kings-head Inn (where they are now in Custody) to St. Iameses; And for so doing, this shall be your Warrant:

Given under my hand, the 12. of December 1648.

T: FAIRFAX.

To Marshall Generall Lawrence.

This Order being shewed unto the aforesaid Gentlemen▪ Sir William Waller produced a Paper, desiting that the same might bee presented to the Generall, which Marshall Lawrence refused to receive, upon which the said Sir William Waller and the other three Gentlemen, desired the said Marshall and all the Gentlemen there present, to attend and witnesse to that Protestation which they did there make in behalfe of themselves and all the Commons and Free borne Subjects of England; so with a distinct and audible voyce read their Protestation, as followeth;

VVee whose names are hereunto subscribed, being Members of t [...]e House of Commons, and Free men of England, doe hereby Declare and protest before God, Angels, and Men, That the Generall and Officers of the Army, being raised by the authori [...]y of Parliament, and for defence and maintenance of the Priviledges thereof; have not, or ought to have any power or jurisdiction to apprehend, secure, deteine▪ imprison, or remove our persons from place to place by any collour or authority whatsoever; nor yet to quest [...]on or try us, or any of us by Martiall Law, or otherwise, for any offence or crime whatsoever, which can or shall be objected against us; And that the present imprisonment and removall of our persons is a high violation of the Rights and Priviledges of Parliament, and of the Fundamentall Lawes of the Land, and a higher usurpation and exercise of an Arbitrary and unlawfull power, then hath beene heretofore pretended to, or attempted by this, or any King or other power whatsoever within this Realme; notwithstanding which, wee and every of us doe Declare our readinesse to submit our selves to the Legall tryall of a Free Parliament, for any crime or misdemeanour that can or shall bee objected against us:

In witnesse whereof, wee have hereto subscribed our Names, the 12. of December 1648. At the Kings head in the Strand.

WILLIAM WALLER.
EDW: MASSIE.
JOHN CLOTWORTHY.
LIONELL COPLEY.

Printed in the Yeare 1648.

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