A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats.

A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats.

Table of contents

Title page

A FULL DECLARATION OF THE True State of the matter of Fact, Concerning the SECLUDED MEMBERS OF THE House of Commons OF THE Parliament, Begun at WESTMINSTER, November 3d. 1640.

Die Martis 5. Septembris 1648. A Declaration of the Commons assembled in Parliament, Concerning the Summoning of the Members to attend the House on Tuesday the 26. of Septemb. 1648.

Die Martis 5. Decembris 1648. REsolved upon the Question, 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.

The Committees first Paper.

The General, and General Council of Officers answer.

The Committees second Paper.

The General Council of Officers final answer.

An exact List of the secluded Members names still living and those refusing to sit, till their restitution, to undeceive the Nation and World.

§

§

[Page]

A FULL Declaration Of the true State of the SECLUDED MEMBERS CASE. IN Vindication of Themselves, and their Privileges, and of the respective Counties, Cities and Boroughs for which they were elected to serve in Parliament, against the Vote of their Discharge, published in print, Jan. 5. 1659. by their Fellow Members.

Compiled and published by some of the Secluded Members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats.

Mal. 2. 10. Have we not all one Father? Hath not one God created us? Why do we deal treacherously every man against his Brother, by prophaning the Covenant of our Fathers?

1 Cor. 6. 8. Nay, you do wrong and defrand, and that your Brethren.

LONDON Printed, and are to be sold by Edward Thomas, at the Adam and Eve in Little Britain. 1660.

A FULL DECLARATION OF THE True State of the matter of Fact, Concerning the SECLUDED MEMBERS OF THE House of Commons OF THE Parliament, Begun at WESTMINSTER, November 3d. 1640.

[Page]

[Page]

FOr the clearer stating of their Case, it will be necessary to have a retrospect to the year 1642. and to observe down-wards such Proceedings, as had a direct influence upon this matter. In order whereunto it must be considered, that in the said year, some mis-understandings [Page] arising between the King, and his two Houses of Parliament, concerning some evil Counsellors about the King, at which style his M [...]jesty took offence, the two Houses in theirExact Collection p. 199. Declaration of the 19. of May 1642. have this expression in answer thereunto, We his Majesties loyal and dutifull Subjects, can use no other style, according to that Maxim in the Law, the King can do no wrong: but if any ill be committed in matter of State, the Council; if in matters of Justice, the Judges must answer for it. They add further,Ibid. p. 203. We cannot but justly think, that if there be a continuance of such i [...]l Counsellors, they will by some wicked device or other make the Bill for the Triennial Parliament, and those other excellent Laws passed this Parliament, of no value; And we are resolved, the gracious favour of his Majestie expressed in that excellent Bill, for the continuance of this Parliament, and the advantage and security which thereby we have from being dissolved, shall not incourage us to do any thing which otherwise had not been fit to have been done.

And after by their Ibid. p. 264, 281. Remonstr: of the 26 of May 1642. they gave this as a Character of those evil Counsellors, viz. These are the men that would perswade the People, that both Houses of Parliament containing all the Peers, and representing all the Commons of England, would destroy the Laws of the Land, and Liberties of the People: wherein, besides the trust of the whole, they themselves in their own particulars, have so great an interest of honour and estate, That we hope it will gain little credit, with any that have the least use of reason, that such as must have so great a share in the misery, should take so much pains in the procuring thereof; and spend so much time, and run so many hazards to make themselves slaves. And they conclude that Declaration with these words: We doubt not but it shall in the end appear to all the world, that our endeavours have been most hearty and sincere, for the maintenance of the true Protestant Religion, the Kings just Prerogatives, the Laws and Liberties of the Land, and the Privileges of Parliament: in which endeavours by the grace of God we will still persist, though we should perish in the work: which if it should be, it is much to be feared, that Religion, Laws, Liberties and Parliaments, would not be long lived after Ʋs.

[Page] Jealousies and differences increasing between the King and the two Houses, they came at length to an open war; in the entrance whereunto, the Lords and Commons assembled in Parliament, published a Declaration in Aug. 1642. in the preamble whereunto they assert; Exact Collection, p. 491. That a Malignant party was then in armes against them, to the hazarding of his Majesties Person, and for the oppression of the true Religion, the Laws and Liberties of this Kingdom, and the power and Privilege of Parliament: all which every honest man is bound to defend; especially those who have taken the late Protestation, by which they are more particularly tyed unto it, and the more answerable before God should they neglect it. And finding themselves engaged on a necessity to take up armes likewise for the defence of those, which otherwise must suffer and perish; they did then think fit, to give that account unto the world, to be a satisfaction unto all men, of the justice of their proceedings, and a warning to the People, to let them see the necessity and duty which lay upon them to save themselves, their Religion and Country. In the body of the Ibid. p. 494. Declaration they charge the Malignant party, with an endeavour to possess the People, that the Parliament will take away the Law, and introduce an Arbitrary Government; a thing which every moral man abhors, much more the wisedom, justice, and piety of the two Houses of Parliament; and in truth such a charge, as no rational man can believe it, it being impossible so many several persons, as the Houses of Parliament consist of, aboutNota. 600. and in either House all of equal power, should all of them, or at least the Major part, agree in Acts of will and Tyranny, which make up an Arbitrary Government; and most improbable, that the Nobility, and chief Gentry of this Kingdom, should conspire to take away the Law, by which they enjoy their Estates, are protected from any Act of violence and power, and differenced from the meaner sort of people, with whom otherwise they would be but fellow-servants. They then further charge the said malignant partyExact Collection, p. 494, 496. to have combined to bury the happiness of the Kingdom, in the ruine of the Parliament, and by forcing it, to cut up the freedom of Parliament by the root, and either take all Parliaments away, or which is worse, make them the instruments of [Page] Slavery to confirm it by Law, and leave the disease incurable: With compelling the trained Bands by force, to come in and joyn with them, or disarming them, and putting their arms into the hands of lewd and desperate persons, thereby turning the Arms of the Kingdom against it self; And with an intention to destroy the Parliament, and be Masters of our Religion and Liberties, to make us slaves, and alter the Government of this Kingdom, and reduce it to the condition of some other Countries, which are not governed by Parliaments, and so by Laws. And upon these grounds they conclude that Declaration in these words. Exact Collect. p. 497. Therefore we the Lords and Commons are resolved, to expose our lives and fortunes for the defence and maintenance of the true Religion, the Kings person, honour and estate, the power and privilege of Parliament, and the just rights and liberties of the Subject. And for the prevention of this mischievous design, the alteration of our Religion. And we do here require all those who have any sence of piety, honor or compassion▪ to help a distressed State, especially such as have taken the Protestation, and are bound in the same duty with us unto their God, their King and Country, to come in unto our aid and assistance, this being the true cause for which we raise an Army, under the command of the Earl of Essex, with whom in this Quarrel we resolve to live and dye.

And in the Declaration and Resolution of both Houses, in answer to the Kings Proclamation against the Ibid. p. 509. Earl of Essex, they have these words, viz. And whereas the Lords and Commons in Parliament, did formerly choose the Earl of Essex to be Captain General of such forces as are or shall be raised for the maintenance of the true Protestant Religion, the Kings person, the law of the Land, the peace of the Kingdom, the liberty and propriety of the Subject, and rights and privileges of Parliament; the said Lords and Commons do declare, That they will maintain and assist him, and adhere unto him the said Earl, with their lives and estates in the same Cause, as in conscience and duty to God, the King and their Country, they are bound to do. And the Exact Collection, p. 657. Petition of both Houses sent to the King by the Earl of Essex, when he marched in the head of the Parliaments army saith, That they have for the just and necessary [Page] defence of the Protestant Religion, of his Majesties Person, Crown: and Dignity, of the Laws and Liberties of the Kingdom, and the Privilege and power of Parliament, taken up arms.

The two Houses of Parliament having thus taken up arms, and declared the cause thereof, no successe made them in the least to vary from it; but in the very heat of the war, and whole prosecution thereof to the end, they asserted and adhered to the same cause, as appears in all their Remonstrances, Declarations, Orders and Ordinances, during the war: which being over-tedious to transcribe at large, some material passages to that effect, shall only be inserted, viz. In theExact Collection, p. 632, &c. Directions from both Houses, given to the Earl of Essex, General of the Army; the cause is asserted to be, in defence of Religion, his Majesties Person, the Liberties and Laws of the Kingdom, and Privilege of Parliament

And in the Exact Collection, p. 666. Declaration, and Protestation of the Lords and Commons in Parliament to this Kingdom, and to the whole world, Dat. Octob. 22. 1642. (a day before the battel of Edghil, ordered to be read in all Churches and Chapels) wherein they expresse their resolution, to enter into a solemn Oath and Covenant with God, they conclude with these words, viz. We doubt not but the God of truth, and the great Protector of his people, will assist and enable us, in this our just defence, to restrain the Malice and fury of those that seek our ruine, and to secure the Persons, estates, and Liberties of all that joyn with us: and to procure and establish the safety of Religion, and fruition of our Laws and Liberties, in this and all other his Majesties dominions; which we do here again professe before the ever-living God, to be the chief end of all our Councils and resolutions, without any intention or desire to hurt or injure his Majestie, either in his Person or just power.

And whereas in the Exact Collection, p. 773. Kings Proclamation of the 24. of Octob. 1642. It is alledged, that the war raised against him, was to take away his life, to destroy his posterity, to change the Protestant Religion, to suppresse the Law of the Kingdom, and to take away the Liberty of the Subject, and to subject both to an arbitrary power; And in one of his Majesties Declarations▪ [Page] there was this allegation, That the Army raised by the Parliament, was to depose the King; Thereupon both Houses of Parliament in a Declaration after the bloody battel of Edghill, in answer to this Charge and Declaration, have these words, Exact Collection, p. 657, 658, 663, 664. We hoped the contrivers of that Declaration, or any that professed but the name of a Christian, could not have so little charity as to raise such a scandal, especially when they must needs know the Protestation taken by every Member of both Houses, whereby they promise in the presence of almighty God, to defend his Majesties Person; the promiss and Protestation made by the Members of both Houses, upon the nomination of the Earl of Essex to be General, and to live and dy with him; wherein is expressed, that this Army was raised for the defence of the Kings Person. And in the same Declaration, they rejoyce that his Majestie, and his Children escaped danger in that Battel.

In the Exact Collection, p. 696. Remonstrance of the Lords and Commons of the 2d. of Nov. 1642. there is this passage. As God is witnesse of our thoughts, so shall our actions witnesse to all the world, that to the honour of our Religion, and of those that are most zealous in it, we shall suffer more from and for our Soveraign, than we hope God will ever permit the malice of wicked Counsellors to put us to; and though the happiness of this and all Kingdoms dependeth chiefly upon God, yet we acknowledge that it doth so mainly depend upon his Majestie, and the royal branches of that root, that as we have heretofore, so we shall hereafter esteem no hazard too great, no reproach too vile, but that we shall willingly go through the one, and undergo the other, that we and the whole Kingdom, may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams, than those from whence (were the poyson of evil Councils, once removed from about them) we doubt not but we and the whole Kingdom should be satisfied abundantly. The same Remonstrance also hath these words. Ibidem p. 697. We do not say the Royal assent is not requisite in the passing of Laws, nor do, or ever did we say, That because his Majestie is bound to give his consent to good Laws, presented to him by his people in Parliament, that therefore they shall be Laws without [Page] his consent, or at all obligatory: saving only for the necessary preservation of the Kingdom, whilst that necessity lasted, and such consent cannot be obtained. And again, Exact Collection, p. 727. We did and do say, that the Soveraign power, doth reside in the King, and both Houses of Parliament. It follows in the same Remonstrance, P. 728. Having the honour of God, and of his Majestie, and the peace, freedom and prosperity of this Kingdom, chiefly before our eyes in our Propositions, and in all our actions, we rest assured, that both God and man, will abhor and abominate that monstrous and most injurious charge, laid upon the Representative body of this whole Kingdom, Of desiring the ruins, not only of his Majesties person, but of Monarchy it self: and we appeal to all the world, whether worse words than these can be given us; And whether it be not high time for us to stand upon our defence, which nature teacheth every man to provide for, and this Kingdom (unlesse it be very unnatural, and very unmindfull of it self) cannot but afford to them, whom it hath intrusted, and by whom it is represented; and if the Major part of both Houses, may sit free from force, we doubt not, but that they will not only make it good, that they have done themselves and the whole Kingdom right in their De [...]larations, and offered no wrong, nor done any prejudice at all to his Majestie, but also be very sensible of the great indignity offered to the representative body of this whole Kingdom, by the contrivers of the Kings answer, and will make such persons (that delight to foul their own nests, and to cast dirt in the face of the Kingdom) instances of their exemplary justice, so soon as they shall be discovered, and brand both them and their doctrin with the marks of their perpetual scorn and indignation. And for a tast of their horrid doctrine, these Particulars are mentioned from the Declaration, that Remonstrance answers, viz. P. 729. That his Majestie, or any other Person, may upon suggestions and pretences of Treason, Felony, or breach of the peace, take the Members of Parliament, out of either House of Parliament, without giving satisfaction to the House whereof they are Members, of the ground of such suggestion or accusation, and without and against their consent, so they may dismember a Parliament when they please, and make it what they will, when they will.

[Page] That the Representative body of the whole Kingdom, is a faction of Malignant, Scismatical and Ambitious Persons, whose design is and alwaies hath been, to alter the whole frame of Government, both of Church and State, and to subject both King and people to their own lawlesse arbitrary power and Government, and that they design the ruine of his Majesties person, and of Monarchy it self, and consequently that they are Traytors, and all the Kingdom with them (for their Act is the Act of the whole Kingdom) and whether their punishment and ruine may not also involve the whole Kingdom in conclusion, and reduce it into the condition of a Conquered Nation; no man can tell, but experience sheweth us, that successe often draws men not only beyond their professions, but also many times beyond their intentions.

Likewise in the Exact Collection, p. 736. Declaration of both Houses, dated Novemb. 7. 1642. for the encouragement of the Apprentices, to list themselves under the Earl of Warwick, the cause is declared to be, for the defence of Religion, and liberty of the Kingdom, his Majesties royal Person, the Parliament, and the City of London.

In the Ibid p. 802. Declaration of the Lords and Commons of the 17th. of December, 1642. The Parliaments Army is said to be raised for the necessary defence of the true Protestant Religion, the King, Parliament and Kingdom.

And in the Ibid. p. 823. Declaration of both Houses concerning a Treaty of peace made by Cheshire alone, it is held forth, That they ought not to withdraw themselves from the common cause, but to joyn with the Parliament in the defence of the Religion, and liberty of the whole Kingdom, and with them to labour by all good means to procure a general peace and protection from the King for all his Subjects, according to their general Protestation. In like manner in the Ibid. p. 325. Declaration of the 7th. of January 1642. for a subscription of mony and plate for supply of the Army, the cause of the war is expressed to be, for the preservation of Religion, as well as the just and undoubted power and privilege of Parliament, our Laws and Liberties from most apparent destruction.

And in the Ibid. p. 907. preamble to the Propositions of both Houses tendred to his Majesty, Fe [...]r. 1. 1642. they say, That they took up Arms for the defence of our Religion, laws, [Page] liberties, privileges of Parliament, and for the sitting of the Parliament in safety.

Likewise in the firstExact Collection, p. 932. & Appendix, p. 4. Ordinances for a general weekly Assesment, wherein the whole Kingdom was to be satisfied, That they might freely pay their mony, the same cause is held forth.

TheA Collection of Orders and Ordinances of Parliament in fol. p. 807, 816, 890. Associations also of the several Counties of the Kingdom were setled for the same cause.

In the year 1643.A Collection, &c. p. 422, 424. The Solemn League and Covenant was taken by all Members of Parliament, and throughout the Kingdom, in maintenance of the same cause, as appears by the Covenant, and the Exhortation to the taking of the same.

The Kingdom of Scotland engaged with us in the same cause. And allA Collect. p. 496. E. Essex title. Commissions to the Generals and Army-Officers were in the name of King and Parliament.

And when a new Army was raised of 20000. men under the command of Sir Tho. Fairfax, byIbid. p. 599. Ordinance of both Houses dated the 13th. of Febr. 1644. it is held forth to be, for the defence of the King and Parliament, the true Protestant Religion, the laws and liberties of the Kingdom.

An Ordinance, dated 3. Aug. 1647. for raising of forces to be commanded by Sir William Waller, is for defence of the King, Kingdom, Parliament and City.

Lastly, (to mention no more) towards the end of the war the House of Commons alone published a memorable Ibid. p. 877, 878, 879. Declaration, dated the 17th. of April, 1646. called, A Declaration of their true Intentions concerning the antient Government of the Kingdom, and securing the people against all arbitrary Government, &c. Wherein remembring the aspersions cast upon them in the beginning of the war, ‘and that the same Spirits were still working and mis-representing their intentions, and not ceasing aswell in print as otherwise, to beget a Belief, that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms, and that they would prolong the troubles and distractions in order to alter the [Page] fundamental constitution and frame of this Kingdom, to leave all Government in the Church loose and un [...]etled, and our selves to exercise the same Arbitrary power over the Persons and Estates of the Subjects▪ which this present Parliament hath thought fit to abolish, by taking away the Star-chamber, High Commission▪ and other Arbitrary Courts, and the exorbitant power of the Council-Table; All which being seriously considered by them, and fore-seeing, that if credit were given to such dangerous in [...]inuations and false surmise, the same would not only continue the then calamity, and involve us into new and unexpected imbroylments: but likewise inevitably endanger the happy issue and success of their endeavours, which by Gods blessing they might otherwise hope for; they did declare in these words; We do declare, That our true and real intentions are, and our endeavours shall be, to settle Religion in the purity thereof, according to the Covenant, to maintain the antient and fundamental Government of this Kingdom, to preserve the right and liberty of the Subject, to lay hold of the first opportunity of procuring a safe and well-grounded peace in the three Kingdoms, and to keep a good understanding between the two Kingdoms of England and Scotland, according to the grounds expressed in the Solemn League and Covenant, and Treaties, which we desire may be inviolably observed on both parts.’

‘And lest these Generals should not give a sufficient satisfaction, they thought fit, to the end men might be no longer abused in a misbelief in their intentions, or a mis-understanding of their Actions, to make further inlargement upon the particulars, most worthy a diligent peru [...]al and consideration.’ Amongst which they have this observable passage, viz. ‘And whereas a safe and good peace is the right end of a just war, there is nothing we have more earnestly desired, nor more constantly laboured after, and to that purpose both Houses of Parliament have framed several Propositions to be [Page] sent to the King; wherein We are so far from altering the fundamental Constitution and Government of this Kingdom, by King, Lords and Commons, that we have only desired, that with the consent of the King such Powers may be settled in the two Houses, without which we can have no assurance, but that the like or greater mischiefs than these, which God hath hitherto delivered us from, may break out again, and ingage us in a second and more destructive war. Whereby it plainly appears, our intentions are not to change the antient frame of Government within this Kingdom, but to obtain the end of the primitive institution of all Government, the safety and weal of the people.’

And then that Declaration concludes thus, And for the Covenant, we have been and ever shall be very carefull to ob [...]erve the same, that as nothing hath been done, so nothing shall be done by us repugnant to the true meaning and intention thereof, nor will we depart from those grounds and principles upon which it was framed and founded.

This Decl. was then indeed of that moment, to quiet the Jealousies, and settle the Distempers of the Kingdom, Ibid. P. 877▪ that 4000 of them were ordered to be printed for the ‘use of the Parliament. And the Knights and Burgesses ordered, to take care for the speedy sending down and publishing them in the respective Counties and places for which they [...]erved. And by special order of the House, Sir Arthur Has [...]erig, Sir John Eveling, and two others, were to take care that the printed Declarations were published, set up, and [...]xed in every Parish-Church by the Church-wardens, or other Officers of the said Parish, which they were by the said Order required and enjoyned to [...]ee published, set up a [...]d fixed in the said Parish-Church accordingly.’ Way being thus made to the Narrative and Treaty, we proceed.

The two Houses of Parliament, having thus for the space of six years or thereabouts, been ingaged in a war, for the defence and maintenance of the Protestant Religion, the Kings [Page]person, honour and Estate, and his Royal Posterity, the power and Privileges of Parliament, and the Laws and Liberties of the Kingdom, as appears by all their said Declarations, Orders, Ordinances and publick writings, in the prosecution wherof, they did also declare,Exact Collection, p. 491, 492. 498, 508, 567, 570, 574, 617, 631, 636, to 677. 812, 813, 814, 816, 826, 827, 832. 834, 890, 891, 898▪ 902, to 920. That there was a design carried on by the forces levied against the Parliament, to alter our religion, and the antient frame and constitution of the Government, both in Church and State, and the laws and liberties of the Kingdom, and to introduce Popery and Idolatry, together with an Arbitrary form of Government. And having in the heat of the war, sent Propositions several times, and entred into divers Treaties with his late Majesty, for a safe and well-grounded peace, which had not the desired effect; at the cloze of the war, finding the distempers of the Kingdom continued, though all adverse Armies and Garrisons were reduced, and well remembring, that in the begining of the war, they had called God to witnesse, that the safety of the Kingdom and peace of the people was their only aime; They did in July 1648. resolve upon a personal Treaty with the King, the general desires of the City of London, and the rest of the people concurring therewith. And in pursuance thereof, the Commons assembled in Parliament, that they might have a full House, published the following Declaration.

Die Martis 5. Septembris 1648.
A Declaration of the Commons assembled in Parliament, Concerning the Summoning of the Members to attend the House on Tuesday the 26. of Septemb. 1648.

WHereas, both Houses of Parliament have agreed upon A Personal Treaty with his Majestie, which is speedily to commence, for the management whereof, the None therefore, much lesse the Majority of them may or ought to be suspended or secluded by the Minority, or armed force. attendance of all the Members of Parliament, wil be very necessary, because in the Multitude of Counsellors there is safety, and in the successe thereof, the Alaying of the present distempers, and future happinesse of this Kingdom, is so highly concerned; It is therefore ordered and declared by the Commons assembled in Parliament, that the respective Sheriffs of each [Page] County, within the Kingdom of England, and Dominion of Wales, do forthwith upon receipt hereof, give particular notice to all the Members of the House of Commons, residing and being within their respective Counties, to attend the House on Tuesday the 26th. Septemb under the penalty of twenty pounds, fixed upon the defaultors; that day being appointed for calling of the House.

The Members attended from all parts accordingly, and there were appointed the Earls of Northumberland, Pembrook, Salisbury, Middlesex, and the Lord Say, for the Lords House; And Mr. William Pierpoint, Sir Henry Vane, Junior, and eight more of the House of Commons, Commissioners to carry on the Treaty with his Majestie, at the Isle of Wight; who took great pains therein, and finished the Treaty by the end of November. And on December the first, the Commissioners of the House of Commons, made their report of the Treaty in the House; who presently entred into debate thereof, and continued the debate, Dec. 2d. 3d. 4th. & 5th. when after a long, and serious debate, in a full House (notwithstanding the Menaces of the Army, who had marched up to London, and Westminster, contrary to the Orders of the House, removed their own guards, and put new ones upon them, and their insolent and Rebellious Declaration of the 20th. of Novemb. 1648.) they came to this resolution, without any division of the House, viz.

Die Martis 5. Decembris 1648.
REsolved upon the Question, 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.

The just grounds and reasons of which vote, do partly appear in all the forecited Declarations, and proceedings of both Houses during the War, the Oaths, Protestation, League and Covenant, they took as Members; the Writs by which they were elected, and the Indentures by which we were returned, impowered, intrusted; but more particularly in the Vindication of the imprisoned and secluded Members of the Commons House, from the aspersisions [Page] [...]ast upon them, and the majority of the House, in ‘a printed Paper of the Gen-Council of Officers, Jan. 3. in answer to the Demands of the Commons assembled in Parliament, concerning the securing or secluding the Members, Jan. 20. 1648. andSee Mr. Pry [...]es Speech, Decemb. 4. 1648. much more might be added, if that were our present work; but intending a bare Narrative of matter of fact, we proceed.’

The same day the House appointed a Committee, viz. Mr. William Peirpoint, and others to go to the Officers of the Army for the preserving of a right understanding and good correspondency between the House, and the General and Army. The Committee repairing to the head Quarters that Afternoon, were so rudely entertained, that some of them were secured by the Army-Officers, and the rest put off and slighted without any conference that day.

The Members comming in the usual manner to the House on Wednesday the 6. of Dec. the Army-Officers (contrary to orders of the House) having sent divers Regiments of Horse and Foot early in the morning to Westminster in a hostile manner, they placed themselves in the Palace-yard. Court of Requests, the Hall, Court of Wards, the Stairs, and the Lobby of the House, and all the avenues, to imprison and seclude those Members who assented to the Vote; Colonel Pride and other Officers who commanded the Guards having in their hands an Alphabetical List of the Members names designed to be secured and secluded, given them (as they confessed) by some of the d [...]ssenting Members, above forty of them were imprisoned, and above a hundred more of them forcibly secluded that very day, and the next, andMr. Edward Stephens, and Col. Birch. two pulled out of the House it self, into which they were got before the Officers espyed them. The 43. Members they had seised (being the legal number of a House capable to vote) they secured that day in the Queens Court, and afterwards for several daies; using them in a barbarous and inhuman manner, forcing them the first night (though divers of them grave aged Persons of Quality, and tenderly bred,) in that cold frosty snowy weather, to lye upon the bare [Page] Boards, in a place called H [...]ll in Westminster, and next night (after a whole daies attendance on them at Whitehall, without vouchsafing to speak with any of them, though sent for & carried [...]hither to confer with them) sent them Prisoners to the Kings Head and Swan in the Strand, through the Snow and di [...]t, guarded with three Musquiteers apiece, and Horse besides, like the vilest Felons and Traytors, in such sort as no Prisoners of war, of any quality, were ever used by them, and detained most of them Prisoners sundry weeks at the said Common [...] Innes, though many of them had Houses of their own in Town, sendi [...]g some of them close Prisoners to St. James, and afterwards to Windsor Castle, and other Garrisons divers years space, without the least particular accusation, impeachment, hearing or tryal, their dissenting Fellow-Members the [...] sitting, not so much as compassionating their barbarous usages, or taking any effectual course for their inlargement.

Those few Members permitted by the Army to fit, Dec. [...]. had ye [...] so much seeming resentment of this greatest and most horrid Violation of the privileges of Parliament, ever attempted in any age, that as it appears in the Iour [...]all of the House, Wednesday the sixe of December, 1648. ‘The House being informed, that divers Members comming to attend the House were stayed and carryed to the Queens Court or Court of Wards, commanded the Serj [...]ant to go to them, and require them to attend the Hou [...]e.’

Mr. [...] brings word, ‘That he signified to the Members in the Queens Court, viz. That it was the pleasure of the House, that they should forthwith come and attend the House: the Members seemed willing to consent, but an Officer there gave him this Answer, that he could not suffer them to come, untill he had received his Orders which he had sent for.’

The same day Lieut. Col. Axtel, & others coming with a Message from the General, they were twice called in, and acquainted the House, ‘That his Excellency the Lord General, and the General Council of Officers had commanded [Page] them to acquaint the House, that they had something to declare to this House this morning, of very great concernment, which will be presently ready for their view.’ This seems to be a Message sent to prevent the House rising before they came, their Proposals not being yet ready. Mr. Speaker returned answer; that the House will be ready to receive it. Some space after, the Officers from the General, coming to the door, they were called in, andThe Army Officers had thrice accesse into the House, the very day they secured and secluded the Members out of it. Col. Whaley acquainted the House, that they were commanded by his Excellency the Lord General, and the General Council of the Officers, to present something to this House, the which the Officers being withdrawn was read, and was directed, To the Honorable the Commons of England, in Parliament assembled, and Entituled; The humble Proposals and desire of his Excellency the Lord General, and the General Council of Officers, Decemb. 6. 1648. in order to a speedy prosecution of justice, and the settlement, formerly propounded by them.

The said Proposals were ushered in with two words, propound and demand, language unfit for a Parliament, and stuft with falshoods, and unjust scandals against the imprisoned and secluded Members; and chiefly they took particular notice of the ‘Vote of the said 5. of Decemb. charging the said Members with breach of Trust therein, and desired, that all such faithfull Members, who are innocent of the said Vote, would immediatly by Protestation or publick Declaration, acquit themselves from the guilt of concurrence in the said Vote, that the Kingdom may know who they are that have kept their trust, and distinguish them from the rest, that have thus falsified the same; and that all such, as cannot or shall not so acquit themselves particularly, may be immediatly excluded and suspended the House, and not re-admitted, untill they shall have given clear satisfaction therein, to the judgement of those who now so acquit themselves, and the ground of such satisfaction be published to the Kingdom.’

Notwithstanding these Proposals, the House then ‘resolved [Page] that the Committee formerly appointed, do confer with the General for discharge of the Members.’

Thursday the 7th. of December 1648. (as appears by the entries in the Journal) A Letter from Sir Thomas Dacres, and Mr. Dodderidg, dated the same day, half an hour past 9. in the morning, was read in the House, signifying, that coming to attend the House to do their duties, they were kept back by force. The like signification was made of the like usage to Sir Edward Partridge. Also a Letter from Westminster, 7th. Decemb. 1648. from Sir Martin Lumley, Sir John Temple, George Booth, Thomas Waller, Thomas Middleton, Mr. Brampton Gurdon, Esay Thomas, and Arthur Owen, signifying their restraint from coming to the House, to do their duty there, by some of the Souldiers of the Army.

The same day Mr. Pierpoint delivers in two papers from the conference with the General, appointed by order yesterday, for the discharge of the Members, the which were read, viz.

The Committees first Paper.

VVE having command from the House of Commons, to let y [...]ur Excellency know, that divers Members of the▪ House of Commons, are this day taken and detained by your Excellencies Army: It is their pleasure, that they be discharged, for which we desire your Excellencies present order, that it may be done accordingly.

The General, and General Council of Officers answer.

Having seen the Order, upon which your last paper is given in, we do not conceive it to be theA pretty distinction to evade their Order. positive pleasure of the House, that the Members be discharged; But concerning their discharge, for which you are appointed to confer, so soon as we shall receive the Resolution of the House, upon that paper, this day sent in by us to the House, which concerns those Persons detained, we shall then be prepared, to give you answerable satisfaction, in relation to that particular.

The Committees second Paper.

IN answer to your Paper of the sixt of Decemb. instant, now delivered, wherein you do refer to a Paper, sent by you to the [Page] Commons, we affirm, that since the reading of that paper by the House,Nota it was exprest by them to be their positive pleasure▪ that the Members of that House, this day taken and detained, by some of the Officers and Souldiers of the Army under your Excellencies command be forthwith discharged and therefore we do insist that according to our former paper, the said Members be forthwith discharged

The 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.

[Page]Mr. 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 [Page] in, 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.

[Page]Col. 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 [Page] Vote 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

For Thursday, February 1. 1648.

[Page]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[Page]the 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 [Page] Members 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 [Page] not 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 [Page] first 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; whereuponSee 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. andThis 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 [...][Page]Right 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 theNot 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 [Page] hope 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 [Page] sit, 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, [Page] without 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 allFidelissima 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[Page]of 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. ThatPlea 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. ThatFirst 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. [Page] 9 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 in8 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 everyCook [...] [...] 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 [Page] that 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 matterScobels 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 Dyer, 182. a. 196. a. Ashes Tables, Error 65, to 75. and the Lawbooks there cited. Courts of Westminster,[Page]reversed 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. ThatScobels 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.See 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 [Page] House, 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 thePlea 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 thatExact 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. [Page] 4ly. 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 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 the21 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 [Page] and 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 [Page]which 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 ofPlea 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 [Page]at 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 [Page] the 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. [Page] 2ly. 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 LawLit 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 [Page] who 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 notableS [...] [...]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 [...] [Page] and 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 theirAlexand 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. righteous 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 [Page] stand 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[Page]and 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 theirEvact 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▪ Exact Collection, p. 259, 260. resolved, That the levying war against the Parl. is Treason; and whoever shall assist the King (though the chief Member andModus 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 manyA 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 TRAYTORSA 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 [Page] attempted not to se [...]fe any Member. By the proceedings against theA 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; &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 veryA 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 [Page] them 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 newRom. 2, 1, 2, 3. Prov. 24, 21, 22. Obad. 15. 16. Judg. 16. 8. Rev. 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 havingCooks 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 thosePan. Trajano dictus, p. 93. & Lip [...]ius commentar. Ibid. p 94. Pliny De Clementia, l. 94. Seneca, In 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.

[Page] 3. That it is a Maxime in Law, inserted into the very Writs of summons to ParliamentsRegister 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 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. Law-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 [Page] Sums 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, withCooks 2 Instit. p. 530, to 536 Mr. 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, NationsGroti [...]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 [Page] represent; and to our Secluders second thoughts: Who having in their freshpage 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 thoseSi [...] Robert Pye, and Major Fincher. Gentlemen and Freemen sent up withSee 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 [Page] these 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 theRom. 13. 2, 3▪ 4. 1 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, wch is our Birth-right, may not be hunted or seized by Souldiers, [Page] for 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 aExact 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 [Page] their 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.

An exact List of the secluded Members names still living and those refusing to sit, till their restitution, to undeceive the Nation and World.

[Page]

THe Earl of Ancram

Sir Ralph Ashton Kt.

Arthur Annesley Kt.

William Arthington

John Arundel

Mr. Ascough

Sir John Barrington

Sir Thomas Barnardiston

Sir Robert Benloes

Sir George Booth Kt.

Sir Humphrey Bridges

Sir Ambrose Brown Kt.

Sir Roger Burgoin Kt.

Francis Bacon

Nathaniel Bacon

Edward Bainton

John Barker Alderman

Maurice Barroe

William Bell

Alexander Bence

Col. John Birch

Edward Bish

John Bond Doctor of Law

John Bowyer Kt.

John Boyes Kt.

Major Brooks

Major General Brown

Samuel Brown Serg. at Law

Francis Buller

Iohn Bunckly Kt.

Hugh Buscoen Kt.

Iohn Button

Sir Henry Cholmley

Sir Iohn Clotworthy

Sir Iohn Corbet Kt.

Sir Iohn Curson Kt.

Iohn Carew

William Carrent

Colonel Ceely

Robert Clives

Elias Crimes

Lionel Copley

Iohn Crew

Sir Thomas Dacres Kt.

Sir Francis Drake

Sir William Drake

Thomas Dacres

Iohn Doyle

Mr. Francis Drake

Sir Iohn Eveling of Surrey

Sir Iohn Eveling of Wilts

Sir Walter Earl

William Edwards

Robert Ellison

Richard Erisy

George Eveling

Mr William Fenwick

William Lord Fitzwilliams

Sir Edmund Fowel

William Foxwist

Iohn Francis

Iames Fiennis Kt.

Nathaniel Fiennis

Iohn Fiennes

Sir Gilbert Gerard Kt.

[Page]Sir Harbotle Grimston

Samuel Gardiner

Francis Gerard

Thomas Gewen

Iohn Glynne Serg. at Law

Samuel Gott

Thomas Grove

Sir Richard Haughton Kt.

Sir Iohn Holland

Col. Edward Harley Kt.

Major Harley

Thomas Hatcher

Iames Herbert

Peregrine Hobby

Thomas Hodges

Denzil Hollis

Francis Hollis

George Horner Kt.

Edmund Hoskins

Henry Hungerford

Colonel Hunt

Sir Anthony Irby

Richard Jennings

VVilliam Iones

Sir Norton Knatchull

George Keckwich

Richard Knightly

Sir Iohn Leigh

Sir William Lewis

Sir Martin Lister

Sir William Litton Kt.

Sir. Samuel Luke

Henry Laurence Kt.

Colonel Lee

Mr. Lewis

Col. VValter Long

Col. Iohn Loyd Kt.

Mr. Lucas

Mr. Luckin

Sir. Thomas Middleton Kt.

John Mainard Serj. at Law.

Mr. Christopher Martin

Major General Massey

Thomas Middleton

Thomas Moor

William Morris Kt.

George Montague

Col. Edward Montague Kt.

Sir Robert Napper

Sir Robert Nedham

Sir Dudly North Kt.

Sir John Northcot▪

Mr. Nash

John Nelthrop

John Nixon Alderman

Mr. North

Col. Norton Kt.

Sir Richard Onslow Kt.

Mr. Onslow

Arthur Owin Kt.

Henry Oxinden

William Owfield

Sir John Palgrave Kt.

Sir Philip Parker Kt.

Sir Thomas Parker

Sir Edward Partridg [...]

Sir John Pellam

Sir William Platers

Sir John Potts Kt.

Sir Nevil Poole

Sir Richard Price Kt.

Sir Robert Pye

Robert Packer

Henry Peck

William Pierpoint

Edward Poole

Col. Alexander Popham

Mr. Potter

Thomas Povy

[Page]William Priestly

William Prynne

Sir Frances Rus [...]l Kt.

Mr. Ravinscraft

Mr. Ratclifft

Charles Rich

Col. Edward Rossiter

Sir Beachamp Saint-John

Sir John Seymor Kt.

Sir Thomas Soam

Robert Scawen

Mr. Scut

Col. Robert Shap [...]ot

Col. Shuttleworth

Mr. Springate

Mr. Simon Snow

Henry Stapleton

Edward Stephens

John Stephens

Nathaniel Stephens Kt.

John Swinfen

Col. William Stroud

Mr. Shuttleworth

John Spilman

Sir John Temple

Sir Thomas Treavor

Mr. Temple

Mr. Thistlethwait

Samuel Terri [...]k

Edward Thomas

Esaia Thomas

John Thinne

Richard Tolson Kt.

John Treavor Kt.

Tho. Twisden Serj. at Law.

Samuel Vassal

Edward Vaughan Kt.

Edward Vaughan

Sir William Waller

Tho. Viscount Wenman Kt.

Sir Henry Worsly

Thomas Waller Esq

William Wheeler

Col. Whitehead Kt.

Henry Willes

Capt. Wingate

Mr. Winwood

William Wray

Richard Wynne Kt.

Sir John Young.

In all 194. besides above 40. secluded Members, now dead since 1648. whereof many were Knights of Counties, and of these yet living, 37. are Knights of Shiers, with Kt. added against their names.

Upon an exact view of the Members now sitting, or which are permitted to sit, if they were all present, being about 89 in number, there are not above 16. Knights of Shires, 7 Citizens, and the rest Burgesses, whereof seldom 50. appear at once together: the excluded and deceased Members being also considered, it will appear, that the House of Commons consisting by right of 508 Members: whereof there are 78 Knights of Shires for England, and 12. for Wales: There are no Knights of the shires sitting in the House for these 26 English and 11 Welsh Counties following, Bes [...]es there are no Citizens sitting for 14▪ cities following, viz.

BEdford shire

Cornwall

Cambridgshire

Derbyshire

Devonshire

Dorse [...]shire

[Page]Essex

Glostershire

Har [...]fordshire

Heref [...]rdshire

Lincolnshire

Lancashire

Middles [...]x

Munmothshire

Norfolk

Nor [...]humberland

Oxfor [...]shire

Surrey

Shropshire

Southampton

Suffolk

Somersetshire

Sussex

Westmorland

Warwickshire

Yorkshire

Angl [...]sey

B [...]eckn [...]ck

Cardiganshire

Carmarthenshire.

Carnarvonshire

Denbighshire

Fli [...]shire

Glamorganshire

Pembrockshire

M [...]gomeryshire

Rad [...]shire

And but 1 Knight of the Shire in each of the nine following Counties.

Berkshire

Ch [...]shire

Hunting [...]nshire

Kent

Leicestershire

Northamptonshire

Staffordshire

Wil [...]shire

Worcestershire

And only the full number, of Knights of the Shire in Buckinghamshi [...]e Nottinghamshire, Rutlandshire, Merionethshire.

York

Westminster

Bristol

Canterbury

Chester

Exceter

Oxford

Lincoln

Worceste [...]

C [...]ichester

Carlisle

Rochester

Coventry

Wells

Have no Citizens in the House.

And but one of the 4 for London, 1 for Norwich, 1 for Bath, Glocester and Salisbury alone of all the Cities in Engl. having their full number. And there will also appear now wanting & excluded about 313 Burgesses and many of them of the principal Burroughs in Engl. So that the whole number now permitted to sit is about 89 and the whole number excluded or wanting 420 besides the Lords So tha [...] upon an indifferent calculation and survey, there will scarce the 10th part of the Commons be found at this time to have Members representing them in Parliament, and yet these take upon them to act, enact and impose, And that not only on the Laity, but Clergy too: who cannot legally, and were not formerly Taxed, but only by their own [...]ee grant and con [...]ent in convocation. Taxe [...] not only as a whole Commons House, but as as an absolute, full and compleat Parl. of England, yea of Ireland and Scotland besides▪ whose Parliaments they have quite swallowed up, and monopolized to themselves▪ imposing Taxes on them, which no English Parliament ever did.

C. Plinii Pan Trajano dictus Melius omnibus quam singulis creditur: singuli enim dec [...]pere & decipi possunt [...]nemo omnes, neminem o [...]nes fe [...]ellerunt.

FINIS.

Printed January 30. 1659.

Information about this book

Title statement

A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats.

Prynne, William, 1600-1669.

Edition statement

1660

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A91189

ID [STC]

Wing P3965

ID [STC]

Thomason E1013_22

ID [STC]

ESTC R22149

ID [EEBO-CITATION]

99871614

ID [PROQUEST]

99871614

ID [VID]

168767

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A91189)

Transcribed from: (Early English Books Online ; image set 168767)

Images scanned from microfilm: (Thomason Tracts ; 150:E1013[22])

Source

— A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats., Prynne, William, 1600-1669..

Extent

[2], 54, [4] p.

printed, and are to be sold by Edward Thomas, at the Adam and Eve in Little Britain,. London :: 1660.. (Attributed to William Prynne.) (Includes a list of the secluded members.) (Annotation on Thomason copy: "1659. Jan: 30"; the imprint date has been crossed out.) (Reproduction of the original in the British Library.)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.