103] STATE TRIALS, 17 CH. I. 1641.-Proceedings against Lord Kimbolton and [104 truth of these Articles, or any part of them, touching a late Breach of their Privileges, for the Vindication thereof, and of divers Members of the said House. "Whereas the chambers, studies, and trunks of Mr. Hollis, sir A. Haslerig, Mr. Pym, Mr. Hampden, and Mr. Strode, inembers of the house of commons, upon Monday the 3d of this nor hath heard by information. All that A DECLARATION of the House of Commons, ever he hath heard concerning this was from his master. 3. Being asked, Whether he will make good these Articles, when he shall be thereunto called in due course of law? To this he answered, He cannot do it, nor will not do it, otherwise than as his master shall command him and shall enable him, no more than he that never heard of them can do it.' 4. Be-instant Jan. by colour of his majesty's warrant, ing asked, From whom he received these Articles, and by whose direction and advice he did exhibit them? He answered, He did exhibit them by his master's command, and from his hands he did receive them. 5. Being asked, Whether he had any testimony, or proof, of the Articles before the exhibiting of them? He gave this Answer, That he received the command of his majesty: but whether he had any proof then offered, or intimation of testimony, to make good those Articles, he desired time to consider of it.' He was pressed again to make Answer to this, but desired time to consider of it, saying, There was a secret trust between a master and a servant, much more in this case.'-Icreupon it was ordered, "That some way be thought of for charging Mr. Attorney, by this house, as criminous, for exhibiting those Articles in the lords house, against members of this house, without any information or proof that appears; and that this house, and the gentlemen charged by him, may have reparation from him; and that he may put in good security to stand to the judgment of parliament." It was also resolved, "That a committee be appointed to prepare a charge against Mr. Attorney, upon these Votes of the house." have been sealed up by sir W. Killegree, and against the Privileges of Parliament, but the sir W. Fleming, and others; which is not only members, afterward the same day, were, uncommon liberty of every subject; which said der the like colour, by serjeant Francis, one of his majesty's serjeants at arms, contrary to all sitting in the house of commons, to be deliverformer precedent-, demanded of the Speaker, ed unto him, that he might arrest them of High Treason: And whereas afterwards, the next day, his majesty, in his royal person, came to the said house, attended with a great multitude of men, armed in warlike manner with the very door of the house, and placed themhalberts, swords, and pistols; who came up to selves there, and in other places and passages disturbance of the members, then sitting, and near to the said house, to the great terror 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 Speaker's chair, demanded of them the persons of the said members to of the rights and privileges of parliament, and be delivered unto him; which is a high breach inconsistent with the liberties and freedom The Lord Keeper reported the effect of anothereof; And whereas afterwards his majesty did ther Conference held this afternoon, by the deissue forth several warrants to divers officers, sire of the Commons, concerning the King's the persons of the said members; which, by under his own hand, for the apprehension of last Messages, about the Impeachment of their law, he cannot do, there being not, all this time, Five Membera, "That the Commons had taken them into serious consideration, and had resolv- of law, issued against them, nor any pretence of any legal charge or accusation, or due process ed upon the Question, That the said Impeach- charge made known to that house: All which ment, and the Proceedings thereupon, is a high Breach of Privilege of Parliament: That, ject and the rights of parliament. Whereupon are against the fundamental liberties of the subin order to vindicate this Breach, they propose a Committee of both Houses may meet to conwe are necessitated, according to our duty, sider about it; and to petition his majesty, to declare, and we do hereby declare, That, if That those who informed him against these lerig, Mr. Pym, Mr. Hampden, and Mr. any person shall arrest Mr. Hollis, sir A. Has Members, may come in five days time to charge them; or else that they may be cleared, of parliament, by pretence or colour of any Strode, or any of them, or any other member in such a way as the Parliament shall think fit." The Lords, hereupon, passed the same guilty of the breach of the liberties of the subwarrant issuing out from the king only, he is Vote of the Commons, and appointed a committee of 21 of their house to meet with a pro-public enemy to the common-wealth; and that ject, and of the privilege of parliament, and a portionable number of the Commons, to consider of this affair. January 19. The following Declaration, in pursuance of three Reports from the late Committee at Guildhall and Grocers-hall, appeared in print, according to an Order of the 12th: the arresting of the said members, or any of them, or of any other member of parliament, by any warrant whatsoever, without a legal prothat house whereof such person is a member, is ceeding against them, and without consent of privilege of parliament; and the person whic ha against the liberty of the subject, and a breach of shal' ariest any of these persons, or any other member of the parliament, is declared a pub lic enemy of the commonwealth: Notwit tion or denial, then to have fallen upon the said house in a hostile manner: And we do hereby declare, That the same was a traiterous design against the king and parliament, And whereas Mr. Hollis, sir A. Haslerig, Mr. Pym, Mr. Hampden, and Mr., Strode, members of the said house of commons, 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 wh ch otherwise apparently might have happened: Since which time, a bearing date the 6th day of this instant January, hath issued out, for the apprchending and imprisoning of them; therein suggesting that, through the conscience of their own guilt, they were absent, and fled; not willing to subinit 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 appcaring 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. standing all which, we think fit further to declare, That we are so far from any endeavour to protect any of our members that shall be, in due manner, prosecuted, according to the laws of the kingdom, and the rights and privileges of parliament, for treason, or any other misdemeanor, 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 subjects and parliament of England.-And whereas, upon several examinations taken the 7th day of this instant Jan. before the committee appoint-printed Paper, in the form of a Proclamation ed by the house of commons to sit in London, it did fully appear, that many soldiers, papists and others, to the number of about 500, came with his majesty on Tuesday the 4th instant, to the said house of commons, armed with swords, pistols, and other weapons; and divers of them pressed to the door of the said 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 cocked 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-And we do further declare, That the pubto the custom of parliament, to be shut; but lishing of several Articles, purporting a foru said, They would have the door open; and, if of a Charge of High Treason against the lord any opposition were against them, they made Kimbolton, one of the members of the lords? no question, but they should make their party house, Mr. Hollis, sir A. Haslerig, Mr. Pyn, good: and that they would maintain their par- Mr. Hampden, and Mr. Strode, members of 'ty: And, when several members of the house the house of commons, by sir Wm. Kilegree, of commons were coming into the house, their sir Wm. Fleming, and others, in the Inns of attendants desiring that room might be made Court, and elsewhere, in the king's name, was for them, some of the said soldiers answered, a high breach of the privileges of parliament; A pox of God confound them;' and others a great scandal to his majesty, and his govern said, ' A pox take the house of commons; let ment; a seditious act, manifestly tending to * them come, and be hanged; what a-do is here the subversion of the peace of the kingdom ; 'with the house of commons;' And some of the and an injury and dishonour to the said memsaid soldiers did likewise violently assault, and bers, there being no legal charge or accusation by force disarm, some of the attendants and against them.-That the privileges of parlia servants of the members of the house of com- nient, and the liberties of the subject, so vin mons, waiting in the rooms next the said house; lated and broken, cannot be fully and suffi aud, upon the king's return out of the said ciently vindicated, unless his majesty will be house, many of them, by wicked oaths, and graciously pleased to discover the names of otherwise, expressed much discontent, that some those persons, who advised his majesty to issue members of the said house, for whom they came, out warrants for the sealing of the chambers and were not there: And others of them said, studies of the said members: to send a serjeant 'When comes the Word? And no word being at arms to the house of commons to demand given at his majesty's coming out, they cried, the said members: to issue out several warA Lane, A Lane;' Afterwards, some of them, rants, under his majesty's own hand, to apprebeing demanded, 'What they thought the said hend the said members: his majesty's coming company intended to have done,' answered, thither in his own royal person; the publishing That, questionless, in the posture they were of the said Articles and printed paper, in the 'set, if the Word had been given, they should form of a Proclamation, against the said mem'have fallen upon the house of commons, and bers, in such manner as is before declared: to 'have cut all their throats: Upon all which, we the end that such persons may receive condign are of opinion, that it is sufficiently proved, that punishment.-And this house doth further dethe coming of the said soldiers, papists, and clare, That all such persons as have given any others, with his majesty, to the bouse of com- counsel, or endeavoured to set or maintain dimons, on Tuesday, being the 4th day of this vision or dislike, between the king and parlia instant January, in the manner aforesaid, was ment; or have listed their names, or otherwise to take away some of the members of the said entered into any combination or agreement, to house; and, if they should have found opposi-be aiding, or assisting, to any such counsel or endeavour, or have persuaded any other so to breed more delay, which his majesty to his do; or that shall do any the things above-power will avoid, that it be resolved, Whether mentioned and shall not forthwith discover he be bound, in respect of Privilege, to proceed the same to either house of parliament; or the against them by Impeachment in parliament, Speaker of either of the said houses respectively, or whether he be at liberty to prefer an indictand disclaim it; are declared public enemies ment at the common law, in the usual way, or of the state and peace of this kingdom, and have his choice of either: whereupon his ma shall be inquired of, and proceeded against ac- jesty will give such speedy directions for the cordingly." prosecution, as will shew his desire to satify both houses, and put a determination to this January 20. The Commons drew up a Petition, and sent it to the Lords; which was in these words: To the King's Most Excellent Majesty; The humble PETITION of the Lords and Commons, now assembled in Parliament, "Sheweth; That whereas, of late, there have been sundry and great Breaches of the Privileges of Parliament; and your majesty, in a Message to both houses, was pleased graciously to express, that you would be willing to clear and assert them, by any reasonable way your parliament should advise you to; we shall, in convenient time, present the particu lars to you, together with our advice and desires, for the asserting our privileges; and whereas your majesty by another Message to both houses, hath expressed an apprehension of some treasonable matter to have been committed, by the lord Kimbolton, Mr. Hollis, and the rest; and declared, That you will, hereafter, proceed agarast them in an unquestionable way: We your lords and commons do humbly beseech your majesty that you would be pleased to give directions, that your parliament may be informed, in a few days, what proof there is against them; that, accordingly, there may be a parliamentary and a legal proceeding against them; and they receive, in justice, what shall be their due, either for their acquittance or condemnation.-This we humbly conceive we are bound to crave, both in regard of ourselves, and of them; being unfit that we should have any of our members liable to so great a charge; and thereby hindered from doing the service they respectively owe to their several houses; as that they, if innocent, should longer lie under so great a weight; or, if guilty, avoid their deserved punishment." The Lords agreed to this Petition, and ordered some of their body to join a Committee of the Commons to present it to the King the next day. business." February 1. This, day the House of Commons sent up a draught of a Petition to the king, concerning the lord Kimbolton and the Five Members, in business; and that they once again besought which was recited all that was passed in that his majesty to give directions that they might be informed, in two days time, what proofs there were against them, that they might be brought to a legal trial, it being the undoubted right and privilege of parliament, that no member can be proceeded against without their To which Petition they desired their lordships concurrence; which was granted. To this Petition, his Majesty returned this An consent. swer: "That as he once conceived that he had ground enough to accuse them, so now his mafurther prosecution of them: and, for a further jesty finds as good cause wholly to desert any wards all his loving subjects, some of whom testimony of his majesty's real intention tohaply may be involved in some unknown or unwilling errors; for the better composing and settling of fears and jealousies, of what kind and general a pardon, for the full contentment his majesty is ready to grant as free of all his loving subjects, as shall, by the approbation of both Houses of Parliament, be thought convenient for that purpose." soever; February 17. The Commons prepared another Petition to the King, concerning the Accused Members, which they sent up to the Lords for their concurrence, who joined with them in it. This Petition was as follows: "To the King's Most Excellent Majesty; The humble PETITION of the LORDS aud CoмMONS, now assembled in Parliament. "Sheweth; That whereas your majesty, in Answer to their late Petition touching the proThe King's Answer to the above Petition, ceedings against the lord Kimbolton, Mr. Holwas reported to the lords by the earl of New-lis, &c. members of the parliament, was pleased port, to this purport: January 24. "That he doth well approve of the desire of both Houses, for the speedy proceedings against the persons mentioned in the Petition; wherein his majesty finding the great inconveniences, by the first mistake, hath endured some delay, that he might be informed in what order to put the same. But, before that be agreed upon, his majesty thinks it unusual to discover what proof there is against them; and therefore thinks it necessary, lest a new mistake should to signify, That as your majesty once conceived that you had ground enough to accuse them, so now your majesty finds as good cause, wholly to defer any further prosecution of them: notwithstanding which, they remain still under that heavy charge so imputed unto them, to the exceeding prejudice not only of themselves, but also of the whole parliament: and whereas, by the express laws and statutes of this your realm, that is to say, by two acts of parliament, the one made in the 37th, and the other in the 38th year of the reign of your most noble pro- | of ordnance, and dressed up with wast-cloaths genitor king Edw. 3. If any person whatsoever make suggestion to the king himself of any crime committed by another, the same person ought to be sent, with the suggestion, before the chancellor or keeper of the great seal, the treasurer, and the great council, there to find surety to pursue his suggestion; which if he cannot prove, he is to be imprisoned till he hath satisfied the party accused of his damages and slander, and made fine and ransom to the king. The said lords and commons, therefore, humbly beseech your majesty that, not only in point of justice to the said members in their particular, but for the vindication of the rights and privileges of parliament, your majesty will be pleased to send the person, or persons that in this case made the suggestions or informations to your majesty against the said members of parliament, together with the said suggestions or informations, to your parliament; that so such fruits of the said good laws may be had as was intended by them, and the rights and privileges of parliament may be vindicated; which of right and justice, ought not to be delayed." To which Petition, the King, on the 21st, desired further time to consider of his Answer. March 4. and streamers, as ready for fight. And that the Trained-bands of London might be under the command of a person fit to lead them, they granted a Commission to captain Skippon, who was Captain of the Artillery Garden, to be Major-general of the Militia of the city of London; an office never before heard of, nor imagined that they had authority to constitute. The man had served very long in Holland, and from a common soldier had raised himself to the degree of a Captain, and to the reputation of a good officer; he was a man of order and sobriety, and untainted with any of those vices which the Officers of that Army were exercised in; and had newly given over that service upon some exceptions he had to it, and, coming to London, was by some friends preferred to that command in the Artillery Garden, which was to teach the citizens the exercise of their arms. He was altogether illiterate, and having been bred always abroad, brought disaffection enough with him from thence against the church of England, and so was much caressed and trusted | by that party. A Bill had been sent up by the Commons intitled, "An Act for the clearing and vindicating of the lord Kimbolton, and the Five Members, from a late feigned Charge or Accusation, of High Treason;" which was read a second time this day by the lords, and committed. March 16. "This man marched that day in the head of their tumultuary army to the Parliament House; where the Accused Members were no sooner 6 entered, than they magnified the great kindand their zeal to the Parliament, and if their ness and affection they had found in the City, sion, had been somewhat unusual, that the expressions of it, upon this extraordinary occa'house was ingaged in honour to protect and defend them from receiving any damage.' Whereupon the Sheriffs of London were called The Bill," For clearing the lord Kimbolton into the House of Commons, and thanked by and the Five Members from a feigned Charge of the Speaker for their extraordinary care and High Treason;" also another Bill" For rais-love expressed to the Parliament; and told, ing Money for the great Affairs of the kingdoms that they should have an Ordinance of Parliaof England and Ireland," was read a third time ment for their Indemnity, declaring that all by the lords, and passed. Ordered, "That the their actions of respect and kindness, which clerk of the crown, in Chancery, do forthwiththey had shewed to the lords and commons in draw up two commissions, and prepare them ready for the great seal, for his majesty's royal assent to be given to these two Bills." ، London, and their attending them to, and at Westminster, was legal and justifiable.' The masters and officers of ships were likewise called in, and most heartily thanked for their kindness; and serjeant major-general Skippon appointed Lord Clarendon thus represents the circum-every day to attend at Westminster, with such stances attending the triumphal Return of the a guard as he thought sufficient for the two Five Members to Parliament, "The Accused houses. There was one circumstance not to be Members about two of the clock in the after- forgotten in the march of the citizens that day, noon, on the 11th of January, being the next when the shew by water was little inferior to day after the King went to Hampton-Court, the other by land, that the pikemen had fastened came from their lodgings in the city to West- to the tops of their pikes, and the rest in their minster, guarded by the Sheriffs, and Trained- hats or their bosoms, printed Papers of the Probands of London and Westminster, and attend-testation which had been taken, and enjoined ed by a conflux of many thousands of people by the House of Commons the year before for besides, making a great clamour against Bishops, the defence of the Privilege of Parliament; and and Popish Lords, and for the Privileges of Par-many of them had the printed Votes of the liament; some of them, as they passed by King's breaking their privileges in his coming Whitehall, asking with much contempt, what to the house, and demanding their members. 'was become of the King and his Cavaliers? ' and whither he was gone?' ، "From London bridge to Westminster, the Thames was guarded with above a hundred lighters and longboats, laden with small pieces "As soon as the citizens and mariners were discharged, some Buckinghamshire men, who were said to be at the door, with a Petition, and had indeed waited upon the triumph with a train of several thousand men, were called in; bers thereof unassured of their lives, in whose safety, the safety of them, and their posterity, was involved. They held it therefore their duty according to their late protestation, to defend and maintain the persons and privileges thereof, to the utmost power of their lives and estates; to which purpose, they said, they were then come to make the humble tender of their service, and would remain in expectation of their commands and order; to the execution who delivered their Petition in the name of the inhabitants of the county of Buckingham, and said it was brought to the town by about 6,000 men. They commended the unwearied pains of the House of Commons, for the redress of the pressures they had lain under, but complained that the success was not answerable, their endeavours being frustrated or retarded by a Malignant Faction of Popish Lords, Bishops, and Others; and now of late, to take all that little hope, was left, from them, of a future re-whereof they would with all alacrity address formation, the very being of the Parliament was shaken, the Privileges the of broken in a desperate and unexampled manner, and the Mem themselves, ready to live by them, or to die at their feet, against whomsoever should in any sort illegally attempt upon them." 160. Proceedings in Parliament against JAMES Duke of RICHMOND, as a Malignant and an Evil Counsellor to the King: 17 CHARLES I. A. D. 1641-2. ↑ [Lords' Journals. 2 Cobb. Parl. Hist. 1061.] January 26, 1641-2. THE Lord Keeper having reported the Conference, concerning the Petitions for a Reformation in Church and State, a motion was -made in the House of Lords for joining with the Commons in petitioning his majesty about putting the Forts and Militia of the Kingdom into safer hands, &c. upon the new Reasons offered at the said Conference. This occasioned a long debate, the House being in a committee; when, being resuined, some Lords "This," says Clarendon," was the term they imposed upon all those they meant to render odious to the people." 45. desired the house might be adjourned, to which the Duke of Richmond answered, "Let us put the question, Whether we shall adjourn for six months?" which words the house taking exception to, the Duke explained himself, "That he did not speak these Words positively, but meant that the House might be adjourned as well for six months, as to a time not limited." But this not satisfying, the Duke withdrew; when, after some more debate, the question was put, "Whether it shall be sufficient satisfaction to this house, That the lord 6 6 ، this House, of some to be left to justice, and leaving out of others, who are under the like ، Impeachinent of High Treason, and have been, As to the non-trial of persons impeached by force of arms, protected from being brought after January 1, 1641-2, see 3 Cobb. Parl. Hist. ، to a Trial, in the highest court of judicature, "Although a Vote had passed on the is an example of very ill consequence; because 10th Dec. 1642, concerning Delinquents, ، That ، we conceive that it is not proper for this they were not all to be included in their de- House to move the House of Commons, in the 'signed Propositions to the king for Peace,' the stopping of their Proceedings upon ImpeachHouse of Commons had got that Order over- ments; and that it doth not only give encouruled in some measure: for though a Com-ragement to a king to attempt the like stopmittee of Lords had been appointed to con- page of justice by force, and from this precesider of the naming of such Delinquents as dent to stand upon the protecting of persons were to be excepted out of their act of grace, impeached; but to subjects also, who may be who this day brought in their opinion, That induced to undertake any thing in hopes of ، those only who had been impeached before impunity, even from the desires of this house ; the 1st of January last should be proceeded which hath not demanded any one of those to against in Parliament;' yet the lord Digby, be left to trial, who, since his majesty's going particularly, though he had heen impeached 'to York, have been impeached of High TreaSince that time, was left to the Judgment ofson, for actually levying war against the king Parliament. And after a long debate, the following question was put: Those that are of ، opinion to agree with the committee, That at this time, such as the committee have named to be impeached by the commons should be left to the Trial of Parliament, omitting the rest of those which are impeached, say Content; and it passed affirmatively. On which the following Lords entered their Dissent thus: We whose names are sub'scribed do conceive that the demanding, by ، and kingdom. Upon these, amongst other |