privilege of the same. And thus much, sir, shall suffice to be spoken concerning the Privileges and Rights of Parliament, appertaining to the subjects of which I am to speak.—I come now to the second thing, which was, the Rights and Privileges belonging to the power and jurisdiction of the parliament, in which I shall observe these particulars: 1. To consult and consider of what laws are fit to be made and enacted in this kingdom, for the good government thereof, is one privilege. 2. To justify or abrogate, repeal or make void, to ratify and confirm, establish and maintain, laws, statutes, and ordinances, made and enacted by prece dent parliaments, by councils of state, or other courts of judicature, is a second privilege. 3. To give Subsidies, to raise taxes, to impose loans, and other charges upon the subject, is another privilege. 4. To accuse or impeach any incendaries or delinquents in this kingdom of any crime notorious, tending to the prejudice of his majesty, or any of his loyal subjects, whether it be for treason or otherwise, be they members of the parliament or not, is another privilege. 5. To prosecute and bring to judgment such persons so accused, or impeached for any crime whatsoever, is another privilege. And thus much of the Rights and Privileges belonging to the power and jurisdiction of a parliament. drooping spirits of men, groaning under the burden of tyrannical oppression, inflicted on them unjustly and maliciously, by unmerciful and wicked men that have usurped unto themselves places and othces of power and authority both in church and state.-Sir, this great and high court, is not only the powerfullest of all other courts whatsoever, but the prudentest and wisest, made and compacted not only of men sound in religion and well learned, but ripe in their judgments, selected from all parts of this kingdom, elected and chosen with the free consent of the whole body politic of the kingdom: this great and high council is not only of such power and wisdom, but endued and attended with the most and greatest privileges thereof, that not only the meanest of his majesty's subjects, but the greatest personages of the kingdom, are in danger, if infringers of the same, to be called in question, and by them punished; therefore give me leave, sir, to speak somewhat of the Privileges in this particular incident, and appertaining to this wise senate: and, in speaking thereof, I shall observe these three particulars: 1. The Rights and Privileges belonging to the same, in the free votes and judicature thereof. 2. The Rights and Privileges belonging to the power and jurisdiction thercof. 3. The Rights and Privilege in the continuance thereof; being freely called And now, sir, I come to the last thing I menand assembled by his majesty's authority, not tioned to you, concerning the Privileges belongto be dissolved or broken up until all things ing to the continuance and free sitting of a agitated therein, for the good both of church Parliament, till all things be concluded on for and commonwealth, be fully concluded and the good government of church and state; in determined.-First, Sir, coucerning the Privi- which I shall also observe these, particulars : leges of a Parliament, belonging to the free 1. That for a parliament, when freely called votes and judicature thereof, I shall observe and assembled by royal authority, not to be these three particulars: 1. To speak freely, compelled to debate any one particular busiwithout interruption or contradiction, in any ness appointed by any person whatsoever, is debate, dispute, or argument, upon any business one privilege. 2. Not to break off, or dissolve agitated in the same, being a member thereof, a free parliament, until all the grievances and I conceive to be one privilege of a parliament. oppression of all his majesty's loyal subjects be 2. Not to be questioned, on any such free dis- fully redressed and remedied, is a second, pripute, argument, or debate; nor to be taxed or vilege. 3. Not to break off, or dissolve a free accused for the same, either during the free parliament, till all incendiaries and delinquents sitting thereof, or after, is another. 3. Freely in the state be brought to condign punishment to give vote, judgment, or sentence, upon the for their crimes: and, 4. Not to accuse or reading of any bill to be made a law, or any impeach any member of the parliament, thereby bill, either of attainder or other charge, against to hinder and interrupt the legal proceedings delinquents and criminous persons against the thereof, in the weighty affairs of the commonstate, at their trial upon the same, is a third. wealth, is another privilege belonging to the 4. To defend and maintain the free vote, judg- continuance of a parliament.-And, thus havments and sentences of the whole house, by ing briefly declared to you the Power and Protestation, Remonstrance, or other Decla- Jurisdiction of a Parliament, above all other ration, if not consented unto, or opposed by courts of judicature in this land; the wisdom the house of lords, is a fourth privilege. 5. For and policy of a parliament, above all other any member of the house, not to be accused of councils; the rights and privileges of a parlia any crime, or impeached for treason by any ment, in respect of the free votes and judicaperson whatsoever, during the continuance of ture thereof; the power and jurisdiction therethe parliament, for things done in the same, of; and the free continuance thereof; I without legal accusation, and prosecution of humbly leave to the consideration of this any such member by the whole house, is ano-house, Whether the accusation of the gentlemen, ther privilege. 6. Not to be apprehended upon such impeachment, or arrested by any officer; or to have their studies broken open, or books and writings seized upon, without consent or warrant of the whole parliament, is another | accused by his majesty, and the illegal breaking open, upon this their accusation, of their chambers, trunks, and studies, be not a Breach of some of the Privileges of Parliament which I have mentioned unto you,' liament. 1. To inform his majesty of any pre ceedings in the house of commons, upon ary business whatsoever, before they have cos cluded, finished, and made ready the same t present to his majesty, for his royal asser: thereunto: 2. To misinform his majesty, cotrary to the proceedings in parliament, therely to incense and provoke him against the same: 3. To cause or procure any information of t cusation to be brought or preferred, with the knowledge or consent of the parliame into the house, against any of the incoter there: 4. To apprehend any such accused, w imprison their persons, to seize upon th goods or estates, to prosecute and proc against them, to their trial and judgmest condemn or execute them upon such acces Mr. Glynn, (member for Westminster) spoke | cerning the Breaches of the Privileges of Par thus: Mr. Chairman, We sit now upon that grand business of the Breaches of the Rights and Privileges of Parliaments, which are so many and great; so carefully preserved and defended in former times, by severely punishing the infringers thereof; that I had thought and conceived that no subject, of what degree or dignity soever, would either in their own persons, or by misinforming his maj. concerning the same, have presumed to have intrenched, in the least measure, upon the free liberty, rights, and very being of parliaments, or tending to the breach thereof. But, sir, I perceive by the perverseness of divers persons in places of authority, that they dare not only presume to provoke his maj. by their political misinformations, but dare attempt, of themselves, to resist the lawful power of the king and his high courttion, without the consent or advice of m of parliament.-Sir, these men dare venture parliament: 5. To endeavour to cast an e to cast aspersions, and spread abroad evil re- opinion of such members accused, into the ports, not only of the members, but of the pro- hearts of his majesty's loyal subjects, when ceedings of the commons against them and they, disaffecting them, may be willing others of their adherents and favourites in their ready to put in execution any commande wicked and desperate designs against their warrant for their apprehension and impris lawful sovereign and his liege people -I con- ment: 6. For any officer or serjeant to cu ceive, sir, did these persons but remember the in open parliament, to demand and arrest an many precedents, yet extant, of the just and such member accused, be it of high treason i deserved punishments, inflicted by former par- any other crime whatsoever, without the knee liaments, upon such miscreants; as witness the ledge of the whole house: 7. To come to abp. of York, the earl of Suffolk, chief justice parliament, sitting in free consultation, assist Belknap, and the rest of that conspiracy, in and guarded with armed men; and with thems the reign of Rd. 2. they would have prejudged sitting the house, to demand, as it were, to themselves the like danger would follow armis, such members accused: 8. To proc upon them for their evil actions. Nay, sir, to be set forth, or to set forth under his did these men but consider with themselves jesty's name, any Proclamation or Declarati the just judgments of God that have immedi- prohibiting the repair of such persons accsst ately lighted upon the necks of such as have to the parliament as members thereof, are m been the troublers of kingdoms and common-apprehend them in what place soever they sa wealths, whereof they have been members, as well recorded in sacred writ as of late times in this kingdom yet still fresh in memory, they would have laid their hands upon their mouths and hearts when they went about to speak or do any thing tending to the dishonour of Almighty God; in innovating of his true religion, and corrupting the sincere doctrine and dis cipline of Christ and his apostles; as also any thing tending to the dishonour and perpetual destruction of his royal majesty, (however otherwise they may pretend) the fundamental laws and liberties of this kingdom, the rights and privileges of parliament, and the very being thereof; but surely, sir, they are altogether benumbed and stupified, their consciences dead and scared, their lives and conversations altogether devoted to the works of darkness and impurity; their desires altogether sensual, carnal, and devilish; forgetting God, kicking and spurning, with maliciousness, against all piety and godliness; or else they would never have adventured to practise such things, as it is too manifest they have done.--Sir, I intend to be brief in that which I am to speak, con be found, without the advice and consent of the whole state, assembled and sitting in i parliament; all these are manifest Breaches the Privileges of Parliament." Mr. Maynard (member for Totness) spor as follows: Mr. Chairman; The internis of parliaments, so long together, hath bee only cause, I confidently believe, of all thes evils and troubles that have happened op this and the other his majesty's kingdana The perverse nature of man is so froward und crooked, that it is always inclined and bent do nothing but that which is evil: without striction, either by the powerful preaching the word of God, wholesome and pious dis pline in the exercise of religion, and good am made for the strict observance and performa of the same, under pain of severe punistad for not obeying thereof: I say, without restra by such means, the corrupt nature of the f is not to be curbed; but will go on to the c mitting of all manner of wickedness, b against God, his king and country: And the only means to preserve and enjoy the cere and pure teaching of God's Word, pious discipline, by wholesome laws e and made for that purpose, is by a paris by that great and wise council expert in sciences of good government, either of a church for dissolute and disaffected Protestants, or or common-wealth.-A parliament, sir, is the Baal's Priests, that halt between divers opinclearest looking-glass for a state perfectly to see ions, in part Protestants, in part Papists, and itself in that ever was made; there is no dis-in part Arminians; if they will but look into ease, infirmity, or misery, that it groans under this glass, it will clearly discover and cure the burden of, but in this glass it may be per- them.--And thus, sir, having spoken somespicuously perceived, and the original and thing of the nature of a parliament, and of prime causes that have produced the same: the sovereignty thereof in discovering and this glass is not only clear and bright to look in, curing all diseases in a common-wealth, I but it is medicinal, and of that sovereign power come to speak a word or two of the rights and and efficacy, that it can cure and remedy all privileges appertaining and belonging to a parthe grievances of the spectators therein, of what |liament. I know right well the gentlemen who personage, degree, or dignity soever they be; have gone before me, have set forth, clearly and of what condition or quality socver the disease learnedly, the Privileges thereof. I shall only be they are infected withall; of what profes- speak concerning that privilege, which one of sion or function soever, whether spiritual or them hath already mentioned, Not to be questemporal they are of, if they do but look here- tioned or accused, (for or concerning any vote, in-Be they infected with pride, haughtiness argument, or dispute, as members of a parlia of heart, (if in places of authority) exercising ment, during the free sitting thereof) either in tranny over the king's good people and loyal the continuance of parliament, or after the subjects; let them be but brought to look in this same be dissolved or broken off, either legally glass, they may have remedy.-Be they infect- or illegally.' That which I shall only speak of, ed with too much case, idleness, and plenty, is the Breach of this grand Privilege of Parlia (if of the clergy) whereby is produced covetous-ment, as I conceive, by accusing of High Treaness, luxury, wantonness, avarice, and all man- son those six worthy members of the same, ner of lasciviousness; neglecting their duties, during the continuance thereof, for matters in their several places in the church, as ordi- debated on, and done in the same, as members nary teachers and dispensers of the Word of thereof; and, upon this accusation, to break God; or, being in authority and places of go- open their chambers, trunks, and studies, and vernment in the church, becoming hoarse and seizing on their books and writings: These, I dumb in their preaching and dispensation of conceive, are great breaches of this privilege, the truth of God, according to the spiritual and for these reasons: 1. If to be questioned for pure meaning thereof; or else corrupt in their free debating, or arguing, in parliament be no doctrine, teaching false doctrine, not the Word breach of this privilege, then we cannot safely of God, but their own inventions, or the inven- intermeddle with, or agitate any business tions and traditions of others; turning the whatsoever, either concerning church or state, truth into a lye, joining and adding to the same but what shall be appointed and nominated their own devices, as they are teachers and in- by his inaj. and his privy council; which is a structers of the people and children of God; restriction of the power of parliament, given or, as they are in authority, becoming proud and unto the same by the royal confirmation of his high-minded, not contented with their spiritual maj. confirming to us, at our meeting, all our offices, but usurping to themselves temporal rights and privileges. 2. If to accuse the juri-diction; exercising cruelty against those members of treason, for things done in the that are faithful and painful teachers of the house, be not a breach of this privilege, then Word, and holy in their lives and conversations; is it dangerous to sit in parliament upon any encouraging vain and idle persons, scandalous business of disorders in the state, and grievan both in their teaching and in their lives: These, ces of the subject, committed by great personI say infected with all these sores and danger ages, as lords and bishops; who may, by their ous ulcers, looking but into this glass may re- subtle inventions, induce his maj. to favour ceive cure. Be they infected with bribery, their actions, they pretending all they do is for injustice and oppression, (be they julges, or his honour, maintenance of his prerogative and other officers in places of judicature in this royal power, and the like. 3. It, upon any kingdom) in their several courts over his ma- such accusation, the chambers, trunks, and jesty's subjects, by viewing themselves in this studies of such accused members may be bro glass, they may receive remedy:-Be they in- ken open, and their writings seized on, be not a fected with subtle plots, monopolizing devices, breach of this privilege, then will it altogether (be they courtiers, officers, customers, or what- discourage any man to undertake any service soever else) thereby procuring grants, patents, for the good of his country; when he shall perand monopolies; by them oppressing and ex-ceive he may, at pleasure, be bereaved of such cessively charging the subject, raising and increasing the rates and prices of all commodities, either imported or exported, in this land; if they look in this perspective, they may be cured. Be they infected with treachery, conspiracy, or with any other devilish practice or design against his majesty or his kingdoms, as they are either Papists, Recusants, Priests, and Jesuits; VOL. II, means and helps as may enable and make him fit for the same. And now, sir, having added to the former speeches what I conceive necessary to the business we have now in debate, my humble motion is, That a Declaration may be forthwith drawn, and set forth in print, giving notice to all his majetsy's loyal subjects of the Privileges of Parliament, and Breaches thereof, 3 U by the accusing of these gentlemen, breaking open their chambers, &c. and endeavouring to apprehend and commit them to prison; under a certain punishment to be inflicted upon those that shall obstinately refuse to observe the same.' The house of lords began with voting, “Th it was fit and necessary to have a strong m sufficient Guard, for the security of both bac that they may sit in safety: and that it se legal way for the houses to require the ster of Middlesex and London to attend, for purpose, with a Posse Comitatus." Art same time, the king's Answer to the pas ment's last Remonstrance to him for a Gu was reported to this effect: "We having considered the Petition oflen houses of parliament concerning a Guar give this Answer to it. That we will, to se their fears, command the lord mayor of la don to appoint 200 men, out of the tra bands of the city, such as he will be asse ble to us for, to wait on the houses of pur ment; that is to say, 100 on each house. to be commanded by the earl of Lindsey; & being most proper to him, as being lord chamberlain; who, by his place, bath a 3 cular charge of the houses of parliament, of whose integrity, courage, and sufficient none can doubt." The committee hereupon came to several Resolutions in support of the Privileges of Parliament; which, upon the report thereof to the house, were digested into one Declaration in form; which will appear under its proper date. The King issues out a Proclamation for apprehending Lord Kimbolton, &c-and leaves London.] As during the before-mentioned short recess of parliament, the Journals of both houses are necessarily silent, we shall refer our readers to lord Clarendon and Mr. Rushworth for what was further done, in this interval, by the king, or the committee of the commons sitting then, first at Guild-hall, and after at Grocers Hall, in London. We only think it necessary to mention, that the accused members having withdrawn themselves into the city of London, the king went thither on the 5th of Jan. and made a speech to the common council assembled at the Guild-hall, requiring their assistance in apprehending the said members; and dined with one of the sheriffs, where he was nobly entertained. On the 8th be issued a Proclamation, commanding all magistrates and officers to apprehend and carry them to the Tower. And on the 10th, the day before the parliament met again, the king removed himself and royal family to Hampton-Court; from thence to Windsor; and, after several other removes, went down to York on the 19th of March following. Upon this occasion Mr. Whitlocke, observes, "That it was a great wonder to many prudent men, that the king should leave this city, the place of his and his prede-Lis advice; since that he had attended the cessors usual residence; where most of his to take his further directions therein. I friends and servants were about him, the maga-jesty told him, That when he went out of si zine of all provisions both for war and peace, the place for intelligence and supplies, and betake himself to the country, where these things were not to be had; and, by his leaving the town, bring great disadvantages upon himself and his affairs: this was thought not to have been done advisedly; but the fears of those with him, and his own fears for them, occasioned by great numbers of people gathered together in a very tumultuous manner about Whitehall and Westminster, and his hopes that, by his absence, the heat of the house of com-. nons might in some measure, be cooled, were alleged in excuse for this action." The Parliament meet pursuant to Adjourn ment.] Jan. 11. This day both houses being to meet again at Westminter, pursuant to adjournment, Mr. Whitlocke, again, informs us, that "The accused members were triumphantly brought from London to Westminster hy water, by a great number of citizens and seamen, in boats and barges, with guns and as, braving as they passed by Whitehall, and makarge protestations, at Westminster, of their adherence to the parliament." Lord Kimbolton moves for his Trial.] T lord Kimbolton, one of the accused me moved the lords, "That he lying under great a charge, which concerned his life, estate and his honour, which is dearest to the Attorney General might be commanded prosecute the accusation against him, and is ready to answer it: but if he be not rea his lordship said, he tendered himself to t disposal and commands, his own inner making him thus confident."-The Attorney! neral being commanded to speak about matter, along with the other prosecutions, "That what he did was by the express c mand of the king his master, and not done he wenid leave somewhat with the lord ker↑ Orders relating to the Magazine at. Hv held it our duty, according to our late Protestation, to defend and maintain the same persons and privileges, to the uttermost expence of our lives and estates: to which purpose we are now come to make the humble tender of our service, and remain in expectation of your command and order; to the execution whereof we shall, with all alacrity, address ourselves, ready to live by you, or to die at your feet, against whomsoever shall, in any sort, illegally attempt upon you. May it there. fore please this honourable assembly, to assist the ardent prayer of your petitioners, that Popish Lords and Bishops may be forthwith outed the house of peers; that all Privileges of Parliament (yours and our posterity's inheritance) may be confirmed to you; and that all evil Counsellors, the Achans of this commonweal, may be given up to the hand of justice; without all which, your petitioners have not the least hope of the kingdom's peace, or to reap those glorious advantages, which the 14 months seed-time of your unparalleled endeavours have given to their unsatisfied expectations. So your petitioners shall be bound to pray, &c." ords and commons, now assembled in parlia- ( unassured of their lives, in whose safety the ent."-Ordered, also, That the king be made safety of us and our posterity is involved; we ➡quainted with this Order very speedily. Bill to enable the Parliament to adjourn emselves to any Place.] Sir Philip Stapylton, o, brought up a bill, intitled, An Act that e Lords and Commons may adjourn them Ives, respectively, to any place:' which bill as read 3 times in the lords that day, and ssed nem. con. The lord keeper was orred to move his majesty, that he will be eased to give his royal assent to the bill aforeid, with another for pressing Mariners, and a ard for redeeming Captives in Algiers. The Commons desire the removal of Sir John ron from being Lieutenant of the Tower.] message was brought from the commons, to their lordships know, "That, in regard of e great jealousies and distractions of London, sir John Byron's being lieutenant of the wer; the citizens shutting up their shops d giving over trade; and, in regard of their od affections expressed to the parliament, › commons desire their lordships to join with em to petition the king, that sir John Byron be forthwith removed from being lieut. the Tower; and that sir John Conyers recommended for that place." The lords ing this message into consideration, a great bate arose; when, at last, it was resolved, at this house thinks not fit to join with the nuous in this Petition; and this vote was mediately sent down to them. Buckinghamshire Petition against Bishops, The last things we shali take notice of the business of this long day, arc Petitions in the county of Bucks to both houses, and ered in their Journals. They were brought to town by divers knights, gentlemen, and eholders, to the number, says Rushworth, or ut 4000, riding every one with a priated y of the Protestation, lately taken, in his Their Petition to the commous stands is in the Journals, and evidently shews the aper of those times: To the Honourable the Knights, Citizens. and Burgesses of the House of Commons, now asscabled in Parliament; The hum ble PETITION of the Inhabitants of the County of Bucks; We find, by the Journals, that this Petition was extremely agreeable to the commons. Orders, occasioned by Informations of Plots, &c.] Jan. 12. This day the lords were informed, That there was a design discovered for killing some of that house this night; and, in particular, named the earls of Northumberland, Essex, Holland, Pembroke, and Leicester. The witness to this was one Francis Moor, called, in the Journal, an Italian, who overheard some discourse between two, in that language, tending thereto. But though the persons accused were taken up and examined, yet nothing more caine of it. The Tower of London was next the care of both houses. Informations had been given, that ammunition and provisions, in great quantities, had been carried out and io, &c. Upon this the lords agreed with the request of the conunons, That a convenient guard might be put round the Tower, both by land and water, under the command of majorgeneral Skippon; and that the common council of London might be made acquainted with this Order. 66 "Sheweth, That whereas, for many years st, we have been under very great pressures, The Lieutenant of the Tower sent for by the ich are clearly set forth in the late Remou- Lords, but refuses to come.] The lieutenant ance of the house of commons; the redress of the Tower being likewise sent for to attend reof, which bath for a long time been by both houses, he gave this Answer to the mes1 endeavoured with unwearied pains, though sage, That he was very ready to attend the t with answerable success; having still your parl, according to their Order; but he condeavours frustrated or retarded, and we de-ceived he could not come without his majesty's ved of the fruit thereof, by a malignant face leave first obtained, in respect he had received n of Popish Lords, Bishops, and others; and a warrant from him, with a command not to w, of late, to take from us all that little depart out of the Tower, without his leave, but pe was left of a future reformation, the very to reside there." A copy of which warrant the ing of the parliament shaken; and, by the said lieutenant sent to the parliament.-The schievous practices of most wicked coun-lords thought this refusal of the lieutenant to lors, the privileges thereof broken in an unampled manner, and the members thereof come, a high contempt of the Order of that house, notwithstanding the king's warrant; |