1 BY what Law or Authority can the House of Com­mons alone, without the concurrent assent and Judgment of the King and Lords (the only pro­per Iudges in Parliament) eject or suspend the late impeached Members, or any other, having no power of Iudicature in themselves alone, nor authority to exa­nime Witnesses upon Oath, as all other Courts of Judicature have, and being all equally impowered, and intrusted by the Countries, Cities and Burroughs for which they serve, and Cromptons Iurisdiction, p. 1, 2. summoned to the Parliament by Writ, onely to advise and consult together with the King and Lords, about the ar­duous Cook 4: Instit: c: 1: and urgent affaires of the Realme and Church of Eng­land, not to suspend, nor expell one another the House? And being all but equalls, whether one Iustice of Peace, of Assize, Iudge of the Kings Bench or Common Pleas, Com­missioner of Oyer and Terminer, Sewers, Committee-man, Grand-Iury man, and the like, may not as lawfully displace & thrust out another by their own Authority, without the Kings, Parliaments, or Lord Keepers consents and advice, as one Commoner suspend or put another out of the Commons House, without the Kings and Lords assents, since Par in parem non habet imperium; and no Freeman by Magna Charta ought to be outed of his Liberties or free Customes, but by the lawfull Iudgment of his Peeres (in a legall way) or by the Law of the Land; and that in some Cooke 4: Instit: c: 1: p: 11, 24: Court of Record and Iudicature, which the House of Com­mons alone is not; no Writs of Error nor other Records [Page 2] being returned before them? and they being the grand Inquisitors only of the Realm to inquire and impeach offenders, not Iudges to censure or condemn them, whose impeach­ments they are onely to transmit to the King and Lords to judge and determine.

2. Whether this ejection and suspention of Members by their Fellow-Members, without confession, or legall conviction upon Oath, be not a late dangerous innovation, and tyrannicall usurpation upon the Subjects and peoples Li­berties, depriveing them of the benefit and freedome of enjoying the counsell and advice of those Knights, Citi­zens and Burgesses they have elected to Vote, assent and dissent for them in Parliament? And whether the House of Commons be able to produce any one ancient Presi­dent before Queen Maries Reigne, in all the Parliaments before or since the Conquest, to warrant their owne sole suspentions or expulsions of their owne Members? If yea, let them then produce them to satisfie the Kingdome, which expects an accompt of the justice of these procee­dings at their hands: If nay, (as confidently they cannot) then these their expulsions and suspensions must of necessity be unwarrantable and meerly void in Law, and the ejected and suspended Members may and ought to be re-admitted, till they can produce sufficient evidence and proofe of their sole Authority to suspend or expell them without the Kings or Lords concurrence upon full hearing and conviction of some horrid crimes, which really disable them to be Members.

Every County, City and Burrough ought 5. R. 2. Stat. 2. 0. 4. 7. H. 4. c. 14. 6 H. 6. c. 2. 32. H. 6. c. 6. 9. H. 8. c. 16. 4. E. 4. 44. b. Cromptons Iu­risdiction of Courts, Tit. Parliament. ex debito Iustitiae, to send Knights, Citizens and Burgesses to con­sult, debate, vote, assent and dissent for them in Parlia­ment, and every of these ought to come to the Parlia­ment when elected, and to continue there all the Session without intermission, unlesse he can reasonably excuse himselfe by sicknesse or otherwise, neither ought he to de­part the House, without speciall licence of the House (and King too anciently) first obtained, under paine of [Page 3] being amerced and otherwise punished. And for this very reason every Member of Parliament during the Ses­sion of Parliament and so many daies before and after, is priviledged and exempted from all Arrests of his person, Dyer. f. 60. because he is bound personally and constantly to attend the House till the Session or Parliament ends, and his presence so necessary that he cannot be spared, nor absent upon any occasion: for proof whereof you may consult Modus Tenendi Parliamentum, Sir Edward Cook 4. Institutes chap. 1. and the Authorities and Records there cited; how then their Fellow-Commoners, Knights, Citizens and Burgesses can exercise or claime any legall Authority or Jurisdiction to eject or suspend any Mem­ber lawfully elected without legall triall, conviction and the concurrent judgement and consent of the whole Par­liament, (whereof the House of Commons is but one branch or Member) and that upon such just and weigh­tie reasons as may satisfie the Freeholders, Citizens, and Burgesses, who elected them, whose persons they repre­sent, and whose Attourneyes and Proxies they are, and so ought not to be discharged of their trust without their privity by any of their Fellow-Commoners, of the justice of their expulsion or suspension, is a Moot-point which concernes the whole Kingdomes Interest, and fit to bee resolved by M. Speaker and the Commons of the Long robe, in a substantiall manner for the Kingdomes satisfaction: the rather because the Speaker of the Com­mons House cannot be removed or changed for sicknesse or other cause, but by the Kings and Lords assents, Cook 4. Institut. pag. 8. & 39. H. 8. num. 38, 39. Baron Thorpes Case.

3. Seeing the Writ for "Elections of Knights, Citi­zens and Burgesses cannot be altered in any thing but by Act of Parliament, and all Elections ought to be free­ly and indifferently made, without any prayer or com­mandment of the King, by Writ, Letter or otherwise, or of any other, and no Letter, Order, or Ordinance can disa­ble any freeborn Englishman of full age, & not attainted [Page 4] of Treason or Felony to be chosen a Member, but onely an Act of Parliament, as 4: Ins [...]it: ch: [...] p: 10: 3: E: 1: c: 1 4: E: 4: 44: Sir Edward Cooke affirmes, and the Statutes of 5 R. 2. Stat. 2. c. 4. 7. H 4. c. 15. 32. H. 6. c. 15. de­termine. And seeing no Member anciently was or could be dismissed or discharged from his attending the House till the Session or Parliament it selfe was dissolved, as is apparent by all the Adjournments, Prorogations, and Dis­solutions of Parliaments and their formes. How can the Commons House alone, by any clause of the Writ that summons them, or any Law or Statute extant, suspend or expell any untainted Member, before legall triall and con­viction in full Parliament, without the Kings and Lords consents (with whom they are chosen, and trusted to ad­vise) against the tenor of the Writ, and these Acts; and disable any from sitting or voting as Members, whom the Freeholders, Citizens and Burgesses by their free Electi­ons, and the Lawes and Statutes of the Realm have made as free and absolute Members in every particular as them­selves who vote them out, and their onely Trustees and Attorneyes; especially since the Commons whom they represent, and from whom they derive their power and authority (as the Cromptons Iurisdiction, S: 1, 2: Writ recites) gave them no such Com­mission at all to eject or suspend their fellow-Members, "but onely to consult of, do and assent unto such things as should be ordained by the COMMON COVNCELL (not Commons) OF THE REALME in Parliament, concerning the urgent and weighty affaires thereof for which they were summoned to advise about; of which the ejectment or suspension of their Fellow-Commoners certainly was none, neither in the Kings nor Peoples in­tention, when the Parliament was first summoned, and they made their elections of those they most confided in.

4. Whether the Statutes of 5. Eliz. c. 1. and 16. Caroli made this Parliament, for preventing the inconveniences hap­pening by the long intermission of Parliaments, which enact; That every person which shall be elected a Knight, Citizen, or Burgesse, or Baron for any Cinque Ports, or any Parliament hereafter to be holden, shall before he enter into the Parlia­ment-House, or have any voice there, openly receive and pro­nounce [Page 5] the Oath of Supremacy before the Lord Steward for the time being, or his Deputies: And that he which shall en­ter into the Parliament-House without taking the said Oath, SHALL BE DEEMED NO KNIGHT, CITIZEN, BUR­GESSE, NOR BARON for that Pailiament, NOR SHALL HAVE ANY VOICE, but shall be to all intents, con­structions and purposes, as if he had never been elected, nor re­turned Knight, Citizen, Burgesse, or Baron for that Parlia­ment, and shall Suffer such paines and penalties, as if he had presumed to sit in the same without Election, returne or Au­thority, be not a direct resolution and judgment in print; that no Member of the House of Commons once lawful­ly elected and returned, can be disabled to sit and Vote in the House by his Fellow-Commoners alone, but only by Act of Parliament, or joynt-judgement and concurrence of the King, Lords and Commons at the least? And whether the taking away of the Archbishops, and Bishops Votes this Parliament by a speciall Act of Parliament, be not a full Declaration of the Law in this particular, that Members of Parliament (especially such as sit, Vote in o­thers rights, and behalfes) ought not to be ejected or un­membred by the Commons, Lords, or King alone, in a di­vided capacity, but only by Act of Parliament, or by the Kings, Lords and Commons joynt assents and judge­ments, Cook 4. Instit. c. 1 Dyer. f. 60. a. 19. H. 6. 63, 64. because the whole House of Parliament is but one en­tire body and Court, which cannot be deprived of the pre­sence or assistance of any one legall Member, but by com­mon consent of the whole Body and Court, and not of one branch or Estate alone without the other, being contrary to all rules of reason and justice, and proceedings in other Courts, where one Judge or Justice, or Com­missioner cannot be unjudged, unjusticed, uncommissio­ned by the others alone.

5. Whether the Commons late usurpations of such a power of suspending and ejecting their owne Members (especially without any legall hearing, and examination, viva voce, of witnesses against them upon Oath, or ad­mitting their just defence) be not a president of very dan­gerous consequence, destructive to the very freedome and [Page 5] being of Parliaments and Counsells, wherein all Members Cook. 4. Instit. p. 8. ought to have equall liberty and freedome of speech and ad­vice, and to carry all things by plurality of voices, and strength of argument, not by new devised suspensions and expulsions, seeing it gives the strongest party and faction a liberty to expell the weaker, and the lesser num­ber backed with an armed-force, a possibility not only to pack and make a House of what Members they thinke meet, and eject and over-Vote the greater part of the House upon meer pretended offences and Misdemea­nours, and then to vote and passe what Acts and Ordi­nances they please in a thin and empty Parliament, when the major part of the Members are suspended, ejected, or forced away? And whether all those Counties, Ci­ties and Burroughs, whose Knights, Citizens and Burgesses have been or may be thus ejected, and the whole King­dome too concerned in it, be not bound in point of conscience and duty for the maintenance of the Honour, Freedome, and fulnesse of Parliaments, and their owne and the Kingdomes safety, publikely to protest a­gainst it.

6. Whether the Commons suspending and ejecting of their Members by their own sole Votes and power, gives not the King and Lords (who are Judges in Parliament) a like Authority, joyntly or severally to imprison, eject or suspend the Members of the Commons House without the Commons consents as well as the Commons, who have no sole Judicature, and are but inferiour Members and no Court of Parliament alone, and so justifies the Kings imprisonment, and impeachment of any Members in this and former Parliaments, without the Lords or Commons, who hath a greater Jurisdiction over any Members of either House, being his Subjects and the Modus tenen­di Parliamen­tum. chiefe Members of Parliament, who summons and dis­solves it, then any Members have over their Fellow-Mem­bers and Subjects.

7. Whether those Counties, Cities, and Burroughs whose chosen Knights, Citizens and Burgesses have been Co. 4. Institut. p. 1. 25. thus illegally suspended or ejected without and against [Page 7] their privities or consents, or any revocation of that trust and power wherewith they invest them, are or can in point of Law or justice be obliged by any Votes, Orders or Ordinances of one or both Houses, to which themselves, nor those they elected, by reason of their illegall ejections or suspensions, either did or could assent, & to which perchance they would not have assent­ed, but voted against and over-ruled by the majority and plura­lity of voices, if present and admitted to give their Votes? The rather, because our 7: H: 6: 35: b. Bro: Wast: 81: Dyer: 373: b. Law Books are expresse, 'That Tenants in ancient Demesne were not bound by Acts of Parliament here­tofore, because they sent no Knights nor Burgesses to the Par­liament, which contribute to their wages, and so neither did nor could assent unto them by their Representatives or them­selves:' &, Quod omnes tangit, ab omnibus debet approbari: the very ground why any Acts of Parliament bind all being onely this, 39: E: 3: 7: Cook 4: Instit: c: 1: 3: E: [...]: 1: 4: E: 4 44: Because all are consenting to them in their Knights and Bur­gesses. But those whose Knights and Burgesses are either expel­led or suspended the House, without and against their good wills, neither do, nor can be legally said to assent to any Votes, Orders or Ordinances, no nor Acts of Parliament made after their expulsions or suspensions (recorded in the Iournall Book, which absentees are not, and therfore are intended alwayes pre­sent:) how then those Counties, Cities, Burroughs, can be obli­ged by them, it behoves the Commons who ejected and suspen­ded them to declare in print, if they expect any future submissi­on to their Votes, or Taxes from them, to which they did not consent?

8. Whether, since every Knight, Citizen and Burgesse is cho­sen and called to attend the Parliament only by the Kings Writ, and may be amerced, fined, and otherwise punished by virtue of the Writ it self, by the Statute of 5: R: 2: c: 4: the Common Law of the Realme and custome of Parliament, 3: E: 3: coram Rege, Rot: P: 3: E: 3: 13: Stamfords Pleas, f: 38: 155: Cooke 4: Instit: p: 15 to 22: in case he absent himself or depart from Parliament with­out the Kings license, unlesse he can honestly excuse himselfe to our Lord the King. And since the words and forme of dissolving Parliaments, The King licens [...]th th [...] Lords and Commons to depart, &c. 37: E: [...]: n: 34: 38: E: [...]: n: 18: 4 [...]: E: 3. [...]: 1 [...]: 43: E: 3: n: 34: 45: E: 3: n: 9: 13: and all dissolutions of Parliament since, which in­timates, that none but the King, who summons all Members to [Page 8] Parliament, can remove or discharge them, without the Kings consent: whether the Commons alone, without his or the Lords privity, can lawfully suspend, eject or discharge any of their Members, upon any pretence?

9. Whether those Members who have been ejected or sus­pended in a thin and empty, may not appeal to a full House of Commons for justice and restitution, or at least wise to the upper House of Peeres, to whom the power of Judicature in Parliament appertains of ancient right, not only in the cases of Peers, and other Commons, but even in cases of illegall Elections and Re­turnes, and breach of Priviledge by imprisonment of Knights and Burgesses of the Commons House, as is evident by [...]: H: 4: Rot: Parl: n: 38: 31: H: 6: n: 25, 26, 27, 28, 29: Thorpes Case. some notable Records: And whether a Writ of Restitution lies not to the Commons House to restore and re-admit an ejected or disfran­chised Member, as well as an ejected or disfranchised Citizen, Al­derman, Mayor or Common Councell-man; of which there are sundry presidents in Sir Iames Boggs Case, & M. Estwicks of late.

10. Whether the ejecting of the Members lately impeached in the name of the Army onely, without any particular Prose­cutor, personall summons, hearing, defence, or once reading, debating, or over-ruling the Answer and Demurrer put in by them in writing under their hands to the particular Articles of their Charge, (even whiles a Garrison of their Prosecutors and Accusers are residing at White-Hall, the Mues, and Tower of London, and a guard of them attending at the Commons door;) and the voting of M. Glyn Recorder of London and Steward of Westminster, not only out of the House, but out of his Record­ership and Stwewardship (being his freehold) without ever be­ing heard, or summoned to answer any Charge or Articles con­c [...]rning them; and that about 7. or 8. a clock on a Saturday at night, when there were not above 51 present in the House, and accommending others to his places, which are not in the Com­mons disposall, be not an usurping or exercising of a transcen­dent arbitrary and tyrannicall power, contrary to Magna Char­ta, ch. 29. and Collected and recited in Ra­stall, Tit. Accu­sation: & the Petition of Right. sundry other Statutes, the fundamentall Lawes of the Realme, the Liberties of the Subject, the Solemne League and Covenant, and sundry Remonstrances and Declarations of both Houses; and an higher act of tyranny and injustice then e­ver King Charles, Strafford, Canterbury, the Councell-Table, or High Commission were guilty of in the worst times; for which [Page 9] those Members who did it, are in point of justice obliged to give their absent and dissenting Members (farre the major part) and the ejected Members, those for whom they serve, and the whole Kingdome satisfaction and reparation, to prevent the like proceedings against other Members, and Freemen who are no Members, who may justly fear far harder measure from them upon all occasions, since they are so arbitrary and unjust towards their own deare Members, some whereof have deserved as well, and done as good service for the Realme and Kingdome, as any now sitting in the House.

11. Whether some of the Commons impeaching of their own Members, Lords and Citizens of high Treason, for sitting and acting in the Houses, or by Orders, Votes and commands of one or both Houses, only for their self-defence against the Ar­mies violence, and the fugitive Speakers and Members who in­gaged with them, who were not a Parliament in the Army, and not half so many as those who continued sitting in the Houses, be not a dangerous and inevitable impeachment of themselves, both Houses of Parliament, and all those who have acted under them by vertue of their Ordinances and Commissions, ever since the Kings departure from the Houses, in military, judiciall or criminall affairs, for Traitors & high Treason, and a nulling of all Ordinances for Indempnity, who have no other Plea in Barre, or Justisication to beare them out, or protect them against the King, or any other that shall indict, impeach, sue or question them now or hereafter, but only this, that what they spake, vo­ted, ordained, did or acted, was in, or by authority of Parlia­ment, or in obedience to the Votes, Orders, Ordinances or Commissions of one or both Houses; which Plea these im­peachments utterly subverting, must of necessity expose all and every Member of both Houses, and all who have acted for, or adhered to them during these warres, to the meere mercilesse tyranny of the King and his Cavaliers, if ever they prevaile in present or future times, and declare them guilty of high Trea­son; and so dis-ingage and discourage all men from adhering to, or acting for or under them any more, to prevent the guilt and danger of high Treason: which seriously considered, may justly ingage both Houses, and all those who have cordially ad­hered to, and served under them, to question and impeach those of high Treason, who were the plotters and contrivers of these [Page 10] Impeachments of so dangerous and destructive consequence to both Houses, and all their cordiall friends and adherents, who stand amazed at such proceedings.

12. Whether some Commoners impeachment of seven Lords at once of High Treason, and suspending them the House, be not a plot of Cromwell and the Levellers, to destroy and abo­lish the House of Peers, by leaving them not Members enough to sit and make an House by degrees? and what assurance have the few remaining unimpeached Lords, if they condemne or eject those now impeached for what they did or acted in or by authority of Parliament for their owne defence, and the Houses against the Army, that their turnes and impeach­ments will not be next, till they be all impeached, ejected and made no House, since there is an apparent designe in ma­ny of the prosecutors of the Lords impeached to have no House of Peers, or Lords at all to overtop them, that they may be the onely Lords and Kings themselves, and command and dispose of all things at their pleasures, as they have for the most part done of late, before and without the Lords concurrence. If so, (as is very probable) it will be wisdome in the House of Lords to consider and prevent this Designe in time, be­fore it be too late, and to make no Presidents to destroy themselves, and the very freedome and being of Parliaments and Peers, after so vast an expence of blood and treasure to de­fend them against the King and his armed party, whose de­signes are now almost accomplished against them by those Heads and Hands which of all others we did least suspect, who reallize and verifie this Adagy to the full, ‘Nulla fides pietásque viris qui castra sequantur.’ To close up all; Let the Commons consider well of S. Pauls caution, Gal. 5. 15. But if ye bite and devoure one another, take heed that ye be not consumed one of another.