A DECLARATION AND PROTESTATION Of the Peers, Lords, and Barons of this Realme, against the late Treasonable Proceedings, and Tyrannicall Vsurpations of some Members of the Commons House, who endeavour to subvert the Fundamentall Laws and Regall Government of this Kingdom, and enslave the People to their boundlesse Tyranny instead of Freedom.

WEE the Peeres, Lords and Barons of this Realme of England, for the present necessary Vindication of the Un­doubted Rights and Priviledges of Parliament, and more particularly of the House of Peers, the just Prerogatives and personall safety of our Kings, the known Lawes and Liberties of this Kingdome, the Hereditary Freedome of all the Freemen of this Nation, and our owne affronted and contemned Honors and Authority, against the many late unparallel'd dangerous Invasions and treasonable Usurpations of a few insolent mis-advised Members of the (late) House of Commons, whiles the greatest and ablest part of that House were forcibly derained or deter'd from thence, where with we find our selves and the whole Kingdome unsufferably injured and deeply afflicted: Do, after a long patient expectation of their own ingenious Retractations of such uniustifiable Exorbitances (which their own judgements and consciences cannot but condemne whereof we now utterly dispaire; being thereto engaged in point of Honour, Loyalty, Conscience, Oath, and love to our Native Country, as also by our Solemne League and Covenant, publikely declare and protest to all the world; That by the Lawes and Customes of this Realm; & Usage of Parliament time out of mind, ever since there were Parliaments in this Island, the principall Authority and Judicatory of the Parliaments of England hath alwayes constantly resided, and ought still to continue only in the King and House of Peers, (wherein he alwayes sits) and not in the Commons house; who never had, claimed, nor ought to have any right or power to iudge any Person or cause civilly or criminally [having no Authority to examine any witnesses upon Oath, and being no Court of Record) but only to accuse and impeach Delinquents in and before the house of Peeres. where they alwayes have used to stand bare-headed at their Barre; but never yet to stand covered, much lesse to sit, vote or give Iudgement. And that the House of Commons without the concurrent assent of the house of Peers, and Kings of England, never heretofore challenged nor enjoyed, nor can of right pretend to any lawfull power or Iurisdiction to make or publish any firm or binding Or­dinance, Vote, Act, or Acts of Parliament whatsoever, nor ever once presumed to passe any Act or Acts to erect a new high court of Instice, to try, condemn, or execute the meanest Subiect, least of all their owne Soveraign Lord and King, or any Peere of the Kingdome (who by the Common and Statute Lawes of this Realm, and Magna Charta, ought to be tryed only by their Peeres and not otherwise) or to disinherit the Right heir to the Crowne, or to alter the Fundamentall Government, Lawes, Great Seale, or anci­ent formes of process and legal Proceedings of this Realm, or to make or declare High-Treason to be no Treason; or any Act to be Treason, which in it selfe, or by the Law of the Land is no Treason; or to dispose of any Offices or places of Iudicature, or im­pose any penalties, Oaths, or Taxes, on the Subjects of this Realme. And therefore we doe here in the presence of Almighty God, Angells, and Men, from our hearts disclaime, abhor, and protest against all Acts, Votes, Orders or Ordinances of the said Members of the Commons house lately made and published, for setting up any New court of Justice to try, condemen, or execute the King, or any Peer or Subiect of this Realm: (which for any person or persons to sit in or act as a Iudg or Commissioner, to the condemning or taking away the life of the K. or any Peer or other subject, we declare to be High Treason and wilfull Murther) to difinherit the Prince of Wales of the Crowne of England, or against proclaiming him King after his Royall Faeherslate most impious, Trayte­rous and barbarous murther, or to alter the Monarchicall Government, Lawes; Great Seale, Iudicatories, and ancient formes of writs, and legall process and proceedings; or to keepe up or make good any Commissions, Iudges or Officers, made voyd by the Kings bloody execution; or to continue any old, or raise any new forces or Armyes; or to impose any New Taxes, Payments, Oathes or forfeitures on the Subjects, or to take away any of their lives, Liberties or Estates against the fundamentall lawes of the Realme, or to make any new Iudges, Iustices or Officers; Or set aside the House of Peers (farr ancienter then the Commons house) and particularly this insolent and frantique vote of theirs, Febr. 6. (That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished, and that an act be brought in for that purpose) to be not only void, null, and illegall in themselves by the Lawes and Statutes of this Realme, but likewise Treasonable, Detestable, Tyrannicall, and destructive to the Priviledges, Rights and being of Parliaments, the just Prerogatives and personall safety of the Kings of England, the fundamentall Government and Lawes of the Realme, the Lives, Liberties, Propertyes and Estates of the People, and the most transcendent Tyranny and Usurpation over the King, Kingdome, Parliament, Peers, Commons, and Freeemen of England ever practised or attempted in any age, tending only to dishonor, enslave, and destroy this ancient flourishing Kingdome, and set up Anarchy and confusion in all places.

All which exorbitant and Trayterous Usurpations: Wee, and all free-born English men are by all obligations bound to oppose to the uttermost with ovr lives and forunes least we should be accessories to our own and our posterities slavery and ruine, for preventing whereof we have lately spent so much blood and, Treasure, against the Malignant party, whose Treasons and inso­lences they farre exceed

FINIS.

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