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nature annexed thereunto, we had taken some time to consider of it, as befitted us in a matter of that consequence, being confident that your own reason and regard to us, as well as our express intimation by our comptroller to that purpose, would have restrained you from the publishing of it till such time as you should have received our answer to it; but, much against our expectation, finding the contrary, that the said declaration is already abroad in print, by directions from your House as appears by the printed copy, we must let you know that we are very sensible of the disrespect. Notwithstanding, it is our intention that no failing on your part shall make us fail in ours of giving all due satisfaction to the desires of our people in a parliamentary way; and therefore we send you this answer to your petition, reserving ourself in point of the declaration which we think unparliamentary, and shall take a course to do that which we shall think fit in prudence and honour.
To the petition, we say that although there are divers things in the preamble of it which we are so far from admitting that we profess we cannot at all understand them, as of 'a wicked and malignant party prevalent in the government'; of some of that party admitted to our Privy Council and to other employments of trust, and nearest to us and our children’; of endeavours to sow among the people false scandals and imputations, to blemish and disgrace the proceedings of the Parliament'; all, or any of them, did we know of, we should be as ready to remedy and punish as you to complain of, so that the prayers of your petition are grounded upon such premises as we must in no wise admit; yet, notwithstanding, we are pleased to give this answer to you.
To the first, concerning religion, consisting of several branches, we say that, for preserving the peace and safety of this kingdom from the design of the Popish party, we have, and will still, concur with all the just desires of our people in a parliamentary way: that, for the depriving of the Bishops of their votes in Parliament, we would have you consider that their right is grounded upon the fundamental law of the kingdom and constitution of Parliament. This we would have you consider; but since you
desire our concurrence herein in a parliamentary way, we will give no further answer at this time.
? Sir Thomas Jermyn. See Journals of the House of Commons, ii. 330.
As for the abridging of the inordinate power of the clergy, we conceive that the taking away of the High Commission Court hath well moderated that; but if there continue any usurpations or excesses in their jurisdictions, we therein neither have nor will protect them.
Unto that clause which concerneth corruptions (as you style them) in religion, in Church government, and in discipline, and the removing of such unnecessary ceremonies as weak consciences might check at: that for any illegal innovations which may have crept in, we shall willingly concur in the removal of them : that, if our Parliament shall advise us to call a national synod, which may duly examine such ceremonies as give just course of offence to any, we shall take it into consideration, and apply ourself to give due satisfaction therein ; but we are very sorry to hear, in such general terms, corruption in religion objected, since we are persuaded in our consciences that no Church can be found upon the earth that professeth the true religion with more purity of doctrine than the Church of England doth, nor where the government and discipline are jointly more beautified and free from superstition; then as they are here established by law, which, by the grace of God, we will with constancy maintain (while we live) in their purity and glory, not only against all invasions of Popery, but also from the irreverence of those many schismatics and separatists, wherewith of late this kingdom and this city abounds, to the great dishonour and hazard both of Church and State, for the suppression of whom we require your timely aid and active assistance.
To the second prayer of the petition, concerning the removal and choice of councillors, we know not any of our Council to whom the character set forth in the petition can belong : that by those whom we had exposed to trial, we have already given you sufficient testimony that there is no man so near unto us in place or affection, whom we will not leave to the justice of the law, if you shall bring a particular charge and sufficient proofs against him; and of this we do again assure you, but in the meantime we wish you to forbear such general aspersions as may reflect upon all our Council, since you name none in particular.
That for the choice of our councillors and ministers of state, it were to debar us that natural liberty all freemen have; and as it is the undoubted right of the Crown of England to call such persons to our secret counsels to public employment and our particular service as we shall think fit, so we are, and ever shall be very careful to make election of such persons in those places of trust as shall have given good testimonies of their abilities and integrity, and against whom there can be no just cause of exception whereon reasonably to ground a diffidence; and to choices of this nature, we assure you that the mediation of the nearest unto us hath always concurred.
To the third prayer of your petition concerning Ireland, we understand your desire of not alienating the forfeited lands thereof, to proceed from much care and love, and likewise that it may be a resolution very fit for us to take
e; but whether it be seasonable to declare resolutions of that nature before the events of a war be seen, that we much doubt of. Howsoever, we cannot but thank you for this care, and your cheerful engagement for the suppression of that rebellion ; upon the speedy effecting whereof, the glory of God in the Protestant profession, the safety of the British there, our honour, and that of the nation, so much depends : all the interests of this kingdom being so involved in that business, we cannot but quicken your affections therein, and shall desire you to frame your counsels, to give such expedition to the work as the nature thereof, and the pressures in point of time require; and whereof you are put in mind by the daily insolence and increase of those rebels.
For conclusion, your promise to apply yourselves to such courses as may support our royal estate with honour and plenty at home, and with power and reputation abroad, is that which we have ever promised ourself, both from your loyalties and affections, and also for what we have already done, and shall daily go adding unto, for the comfort and happiness of our people.
37. THE IMPEACHMENT OF ONE MEMBER OF THE HOUSE OF
LORDS, AND OF FIVE MEMBERS OF THE HOUSE OF COMMONS. [January 3, 1642. Journals of the House of Lords, iv. 501. See Hist. of
Engl. x. 130.] Articles of high treason and other high misdemeanours against the Lord Kimbolton, Mr Denzil Holles, Sir Arthur Haslerigg, Mr. John Pym, Mr. John Hampden and Mr. William Strode.
1. That they have traitorously endeavoured to subvert the
fundamental laws and government of the kingdom of England, to deprive the King of his regal power, and to place in subjects an arbitrary and tyrannical power over the lives, liberties and estates of His Majesty's liege people.
2. That they have traitorously endeavoured, by many foul aspersions upon His Majesty and his government, to alienate the affections of his people, and to make His Majesty odious unto them.
3. That they have endeavoured to draw His Majesty's late army to disobedience to His Majesty's commands, and to side with them in their traitorous designs.
4. That they have traitorously invited and encouraged a foreign power to invade His Majesty's kingdom of England.
5. That they have traitorously endeavoured to subvert the rights and the very being of Parliaments.
6. That for the completing of their traitorous designs they have endeavoured (as far as in them lay) by force and terror, to compel the Parliament to join with them in their traitorous designs, and to that end have actually raised and countenanced tumults against the King and Parliament.
7. And that they have traitorously conspired to levy, and actually have levied, war against the King.
38. A DECLARATION OF THE HOUSE OF COMMONS TOUCHING A
LATE BREACH OF THEIR PRIVILEGES. [January 17, 1612. Rushworth, iv. 484. See Journals of the House of
Commons, ii. 373, 383.] Whereas the chambers, studies and trunks of Mr. Denzil Holles, Sir Arthur Haslerigg, Mr. John Pym, Mr. John Hampden and Mr. William Strode, Esquires, members of the House of Commons, upon Monday the third of this instant January, by colour of His Majesty's warrant, have been sealed up by Sir William Killigrew and Sir William Fleming 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 like colour, by Serjeant Francis, one of His Majesty's serjeants-at-arms, contrary to all former precedents, 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 to the said House, attended with a great multitude of men, armed in warlike manner with halberds, 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 Speaker's 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 rights of Parliament; whereupon we are necessitated according to our duty to declare, and we do hereby declare, that any person that shall arrest Mr. Holles, Sir Arthur Haslerigg, Mr. Pym, Mr. Hampden and Mr. Strode, or any of them, or any other members of Parliament by pretence or colour of any warrant issuing out from the King only, is guilty of the breach of liberties of the subject and of the privileges of Parliament, and a public enemy to the commonwealth ; and that the arresting of the said members or any of them, or of any other member of Par liament, 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 members of the Parliament, is declared a public enemy of the commonwealth. Notwithstanding all which we think fit farther 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 misdemeanour, 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 criminal as to defend the just rights and liberties of the subjects and Parliament of England.