The Privileges of Parliament
The source for this document is https://quod.lib.umich.edu/e/eebo/A56193.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
The Privileges of Parliament which the Members, Army, and this Kingdom have taken the Protestation and Covenant to maintain. Reprinted for Consideration and Confirmation on the 5th. of January, 1659. the day appointed to remember them.
Die Lunae 3 Ianuar. 1641.
IT is this day ordered upon the question by the Commons House of Parliament, that if any Persons whatsoever shall come to the Lodgings of any Member of the House, and there do offer to seal the Trunks, Doors, or Papers of any Members of this house, or seise upon their persons; That then such Members shall require the aid of the Constable to keep such persons in safe Custody, till this House do give further Order; and this House doth further declare, that if any person whatsoever shall offer to arrest or detain the person of any Member of this House, without first acquainting this House therewith, and receiving further Order from this House, That it is lawful for such Member, or any person to assist him, and to stand upon his and their Guards of defense and to make resistance according to the Protestation taken to defend the privileges of Parliament.
H. Elsynge, Cler. Parl. D. Com.
Die Mercurii 5. Ian. 1641. Commons House of Parliament.
WHereas his Majesty in his Royal person yesterday being the 4th of January 1641. did come to the House of Commons attended with a great Multitude of men armed in a warlike manner with Halberts, Swords and Pistols, who came up to the very door of the House, and placed themselves there, and in other places and passages near to the House, to the great ter • or and disturbance of the Members thereof then sitting, and according to their Duty in a peaceable and orderly manner, treating of the great affairs of both Kingdoms of England and Ireland ; And his Majesty having placed himself in the Speakers Chair, did demand the persons of divers Members of the House to be delivered unto him; It is this day declared by the House of Commons, that the same is a high breach of the Rights and Privileges of Parliament, and inconsistent with the Liberty & Freedom thereof: and therefore this House doth conceive, they cannot with the safety of their own persons, or the indemnity of the Rights and Privileges of Parliament, sit here any longer, without a full vindication of so high a breach, and a sufficient Guard wherein they may conside; for which both Houses jointly, and this House by itself, have been humble suitors to his Majesty, and cannot as yet obtain: Notwithstanding which thi • House being very sensible of the great trust reposed in them, and especially at this time of the manifold distraction • of this Kingdom, and the lamented and distressed Kingdom of Ireland, doth order, that this House shall be adjourned until Tuesday next, at one of the clock in the Afternoon; and that a Committee be named by this House, and all that will come shall have Voice • , shall sit at the Guild-Hall in the City of London, to Morrow morning at 9. of the clock, and shall have power to Consider and Reason of all things that may concern the good and safety of the City and Kingdom, and particularly how our Privileges may be vindicated, and our Persons secured? And to consider of the Affairs and Relief of Ireland, and shall have power to consult and advice with any Person or Persons touching the premises • and shall have power to send for parties, witnesses, papers and Records, &c. Mr. Chancellor of the Exchequer, Mr. Glynn, Mr. Whitlock, Lord Faulkland, Sir Phil. Stapleton, Mr. Nath. Fines, Sir Ralph Hopton, Sir John Ho • ham, Sir Walter Earl, Sir Robert Cook, Sir Thomas Walsingham, Sir Samuel Roll, Mr. Perpoint, Mr. Walt. Long, Sir Richard Cave, Sir Ed. Hungerford, Mr. Grimstone, Sir Christ. Wray, Sir BEn. R • dyard, Sir John H • ppisley, Sir H • rbert Price, Sir John Wray, Sir Tho. Barrington, Mr. Wheeler, Sir William L • tton. This is the Committee appointed by the former Order, and are to pursue the Directions of the former Order, and all that will come are to have Voyces at this Committee.
A Declaration of the House of Common, touching a late Breach of their Privilege, and for the Vindication thereof, and of divers Members of the said House.
WHereas the Chambers, Studies and Trunks of Mr. Denzill Hollis, Sir Arthur Has • rigge, Mr. John Pym, Mr. John Hampden, and Mr. Will. Strode Esq Members of the House of Commons, upon Monday the third of this instant January, by color of his Majesty's warrant, have been sealed up by Sir William Killigrew, and Sir William Flemen, and others, which is not only against the Privilege of Parliament, but the common Liberty of every Subject; which said Members afterwards the same day were under the same color by Serjeant Frances, one of his Majesty's Serjeants at Arms, contrary to all former Presidents, demanded of the Speaker sitting in the House of Commons, to be delivered unto him, that he might arrest them of High Treason: and whereas afterwards the next day His Majesty in his Royal Person came into the said House, attended with a great multitude of men armed in warlike manner with Halberts, Swords and Pistols, who came up to the very door of the House and placed themselves there, and in other places and passages near to the said House, to the great terror and disturbance of the Members then sitting, and according to their Duty in a peaceable and orderly manner treating of the great affairs of England and Ireland ; And His Majesty having placed himself in the Speakers Chair, demanded of them the Persons of the said Members to be delivered unto him, which is a High Breach of the Rights and Privileges of Parliament, and inconsistent with the Liberties and Freedom thereof; And whereas afterwards his Majesty did issue forth several Warrants to divers Officers under his own hand for the apprehension of the Persons of the said Members which by Law he cannot do, there being not all this time any legal Charge or Accusation, or due process of Law issued against them, nor any pretence of Charge made known to that House: all which are against the fundamental Liberties of the Subject, and the right of Parliament; whereupon we are necessitated according to our Duty to declare, And we do hereby declare, that if any Person shall arrest Mr. Hollis, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them, or any other Member of Parliament, by pretence or color of any Warrant issuing out from the King only, is guilty of the breach of the Liberties of the Subject, and of the Privilege of Parliament, and a public Enemy to the Commonwealth. And that the arresting of the said Members, or any of them, or any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them, and without consent of that House whereof such Person is a Member, is against the Liberty of the Subject, and a breach of Privilege of Parliament; And the Person which shall arrest any of these Persons, or any other Member of the Pa • liament is declared a Public Enemy of the Commonwealth. Notwithstanding all which we think fit further to declare, that we are so far from any endeavors to protect any of ou • Members that shall be in due manner prosecuted according to the Laws of the Kingdom, and the Rights and Privileges of the Parliament, for Treason or any other Misdemeanours, that none shall be more ready and willing than we ourselves, to bring them to a speedy and due Trial; being sensible that it equally imports us as well to see Justice done against them that are criminous, as to defend the just Rights and Liberties of the Subject and Parliament of England. And whereas upon several Examinations taken this 7th. day of this instant January, before the Committee appointed by the House of Commons to sit in London, it did fully appear, that many Soldiers, Papists and others, to the number of above five hundred, came with his Majesty on Tuesday last to the said House of Commons, armed with Swo • ds, Pistols and other weapons; And divers of them pressed to the said door of the House, thrust away the Door-keepers, and placed themselves between the said door, and the ordinary Attendants of his Majesty, holding up their Swords, and some holding up their Pistols ready cock'd near the said door, and saying, I am a good Marksman, I can hit right I warrant you; and they not suffering the said door according to the Custom of Parliament to be shut, but said, they would have the door open; And if any opposition were against them they made to question but they should make their party good, and that they would maintain their party; And when several of the House of Commons were coming into the House, their Attendants defi • ing that room might be made for them; some of the said Soldiers answered, A pox of God confound them, and others said, A pox take the House of Commons. Let them come and be hanged, What ado is here with the House of Commons; and some of the said Soldiers did likewise violently assault, and by force disarm some of the Attendants and Servants of the Members of the House of Commons waiting in the room next the said House: And upon the Kings return out of the said House, many of them by wicked Oaths and otherwise, expressed much discontent, that some Members of the said House, for whom they came, were not there: and others of them said, When comes the word? and no word being given at his Majesty's coming out, they cried, A lane, a lane: afterwards some of them being demanded, what they thought the said Company intended to have done? Answered, That questionless in the posture they were set, if the word had been given, they should have fallen upon the House of Commons and have cut all their throats: Upon all which we are of opinion, that it is sufficiently proved, that the coming of the said Soldiers, Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January, in the Manner aforesaid, was to take away some of the Members of the said House: and if they should have found opposition or denial, then to have fallen upon the said House, in a Hostile manner, and we do hereby declare, that the same was a Treacherous design against the King and Parliament; And whereas the said Mr. Hollis, Sr. Arthur Haslerigg, Mr. Pym, Mr. Hampden and Mr. Strode, upon report of the coming of the said Soldiers, Papists and others, in the Warlike and Hostile manner aforesaid, did with the approbation of the House, absent themselves from the service of the House, for avoiding the great and many inconveniences, which otherwise apparently might have happened; since which time a Paper printed in the form of a Proclamation bearing date the 6th. day of this Instant January, hath issued out for the apprehending and imprisoning of them, therein Suggesting, that through the conscience of their own Guilt, they were absent and fled, not willing to submit themselves to Justice; We do further declare, that the said printed paper, is false, scandalous and illegal, and that notwithstanding the said printed paper, or any warrant issued out, or any other matter yet appearing against them, or any of them, they may and ought to attend the service of the said House of Commons, and the several Committees now on foot. And that it is lawful for all Persons whatsoever to Lodge, Harbor or converse with them, or any of them; And whosoever shall be questioned for the same, shall be under the protection and Privileges of Parliament; And we do further declare, that the publishing of several Articles, purporting a form of a charge of high Treason, against the Lord Kimbolton, one of the Members of the Lord's House; And against the said Mr. Hollis, Sr. Arthur Haslerigg, Mr. Pym, Mr. Hampden, and Mr. Strode, by Sr. William Killigrew, Sr. William Flemen, and others in the Inns of Court, and elsewhere in the Kings name, was a high Breach of the Privilege of Parliament, a great scandal to his Majesty and his Government, a seditious act manifestly tending to the subversion of the Peace of the Kingdom, and an injury and dishonor to the said Members, there being no legal Charge or Accusation against them: That the Privileges of Parliament, and the liberties of the subject, so violated and broken, cannot be fully and • ufficiently vindicated, unless his Majesty will be graciously pleased to discover the names of those Persons, who advised his Majesty to issue out warrants, for the sealing of the Chambers and Studies of the said Members, to send a Serjant at Arms to the House of Commons, to demand their said Members, to issue out warrants under h • s Majesty's own hand, to apprehend the said Members; His Majesty's coming thither in his own Royal Person; the publishing of the said Articles, and printed paper, in the form of a Proclamation against the said Members, in • uch manner as is before declared; to the end that such Persons may receive condign Punishment. And thi • House doth further declare, that all such Persons as have given any counsel, or endeavored to set or maintain division or dislike, between the King and Parliament, or have listed their names, or otherwise entered into any Combination or Agreement, to be aiding or assisting to any such Counsel or Endeavor, or have persuaded any other so to do; or that shall do any the things above mentioned, and shall not forthwith discover the same, to either House of Parliament, or the Speaker of either the said Houses respectively, and disclaim it, are declared public Enemies of the State and Peace of this Kingdom, and shall be inquired of, and proceeded against accordingly.
Die Lunae 17th. Ianuarii 1641. It is this day O • dered by the Commons assembled in Parliament, that this Declaration shall be forthwith published in print. Hen. Elsing, Cler. Parl Do. Com.
The Kings Message to both Houses Ianuarii 12. 1641.
His Majesty taking notice that some conceive it disputable, whether his proceedings against my Lord Kimbolton, Mr. Hollis, Sr. Arthur Haslerigg, Mr. Pym, Mr. Hampden and Mr. Strode, be Legal and agreeable to the Privileges of Parliament, and being very desirous to give satisfaction to all men in all matters that may seem to have relation to Privilege; is pleased to wave his former proceedings, and all doubts, by this means being settled, when the minds of men are composed, His Majesty will proceed thereupon in an unquestionable way, and assures his Parliament, that, upon all occasions we will be as careful of their Privileges, as of his life or of his Crown.
To the Kings most excellent Majesty, The Humble Petition of the Inhabitants of the County of Buckingham shire
Showeth,
THat your Petitioners having by virtue of your Highness Writ, chosen John Hampden, Knight for our shire, in whose Loyalty we his Country-men and Neighbors, have ever had good ca • se to confi • e: however of late to our no less amazement than grief, we find him with other Members of Parliament now accused of Treason: & having taken into our serious Consideration, the manner of their impeachment, we cannot but (under your Majesty's favor) conceive, that it doth so oppugn the Rights of Parliament, to the maintenance whereof our Protestation binds us; that we believe it is the malice, which their Zeal to your Majesty's service, and the State, hath contracted in the Enemies to your Majesty, the Church and Common-wealth, hath occasioned this foul accusation, rather than any deserts of theirs, who do likewise through their sides, wound the Judgment and care of us your Petitioners, and others, by whose choice they were presented to the House. Your Petitioners therefore most Humbly pray, Mr. Hampden and the rest that lie under the burdain of that accusation, may enjoy the just Privileges of Parliament: and your Petitioners shall ever pray, &c.
Windsor, 13. January 1641. His Majesty being graciously pleased to let all his Subjects understand his care, not knowingly to violate in the least degree, any of the Privileges of Parliament, hath therefore lately by a Message sent by the Lord Keeper, signified, that he is pleased because of the doubt that hath been raised of the manner, to wave his former proceedings against Mr. Hampden and the rest mentioned in this petition, concerning whom his Majesty intends to proceed in an unquestionable way and then his Majesty saith it will appear, that he had sufficient grounds to question them, as he might not in justice to the Kingdom, and honor to himself, • ave forborne: and yet his Majesty had much rather, that the said persons should prove innocent than be found guilty: however he cannot conceive that their Crimes can in any sort reflect upon these his good Subjects, who elected them to serve in Parliament.
His Majesty's Profession and Addition to his last Message to the Parliament, Jan. 4. 1641.
HIs Majesty being no less tender of the Privileges of Parliament, and thinking himself no less concerned, That they be not broken, and that they be asserted and vindicated whensoever they are so, than the Parliament itself; hath thought fit to add to his last Message this Profession, that in all his proceedings against the Lord Kymbolton, Mr. Hollis, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, He had never the least intention of violating the least Privilege of parliament; And in case any doubt of breach of Privileges remain, will be willing to clear that, and assert these by any reasonable way that his Parliament shall advise him to; upon confidence of which, He no ways doubts His Parliament will forthwith lay by all Jealousies, and apply themselves to the public and p • essing Affairs, and especially to those of Ireland, wherein the good of the Kingdom, and the true Religion (which shall ever be His Majesty's first care) are so highly and so nearly concerned. And his Majesty assures himself, that his care of their Privileges will increase the tenderness of his Lawfull Prerogative, which are so necessary to the mutual defense of each other, and both which will be the Foundation of a perpetual Intelligence between his Majesty and Parliaments, and of the Happiness and Prosperity of his People.
The like Petition in substance, was made by the City of London to his Majesty, and the like Answer, touching the impeached Members, and this breach of Privilege.
Rev. 2.4, 5.
Mat. 12.25.