THis misfortune of mine seemes to mee at the first exceeding strange, not onely in respect of the Crimes laid to my charge, but most of all having thereby incurred not only the disfa­vour but irefull displeasure of his Sacred Majesty. For the first, knowing the innocency and integrity of my heart, that it is free from any such crime either in thought, word or deed against either my gratious Soveraign, or my native Country, I shall the more easily beare the burthen of the charge, but to groane under the burthen of a most Pious and wise Prince his displeasure, wounds me sore.

Mr. Speaker, I humbly desire so much favour of this Honourable House of which I have had the happinesse to be a Member, to speake something of my Innocence in all these Crimes I am charged withall.

This Honourable House▪ (Mr. Speaker) can I hope witnesse for me, the manner of my carriage and disposition in any debate or arguments wherein I have beene one, I hope nothing hath proceeded from me; that can come any wayes within the compasse of Treason.

In all disputes and conclusions of any matter by Vote of the House, my Vote hath commonly agreed with the Major part then I hope my Vote in Parliament being free cannot be Treason.

Mr. Speaker, The Articles that are exhibited against mee and the other Gentlemen, are of most dangerous and pernitious consequence, if wee should be found guilty of them, which God defend, I would to God these persons that incensed his Majesty against us, (which is easily conceived who they are) were as free from thoughts, words, may actions within the limits of Treason) as I hope we shall prove our selves by Gods blessing.

MASTER Speaker, It is alleadged, wee have endeavoured to subvert the fundamentall Lawes of this Land, abridge the Kings po­wer, and deny his Royall Prerogatives. Give mee leave I beseech you, to speake concerning this Article. There is (as I conceive) not two Formes or Governement in this Kingdome: there it not two sorts of Fundamen­tall Lawes: there is but one forme of Government; One sort of Fun­damentall Lawes, that is, the Common Lawes of this Land, and acts, Sta­tutes, and Ordinances of Parliament, these two Mr. Speaker, depend and [Page 3] hang one upon another, so that they cannot bee separated; and he that sub­verts the one, breaks and infringes the other. Now under favour Mr. Spea­ker, to speake freely in Parliament (freely called and assembled by his Maje­sties most Royal Authority) to Vote freely in the same, upon the conclusion of any Bill to be made a Law by the whole consent of Parliament assented to by his Majesty: to agree in Voting with the whole Parliament against Delin­quents, and Malefactors in the State, to bring them to condigne punishment for the same: to give my Vote in the House, or removing evill Counsellours from his sacred Majesty, to place loyall and faithfull ones in their place: To assent with the whole State assembled together in Counsell for the setling of peace and tranquillity in the same: To ordaine and enact such wholsome Lawes and Ordinances whereby his Majesties good Subjects may be gover­ned in righteousnesse and good obedience: To Vote with the House for re­dressing the many grievances of the Common-wealth, If these be to subvert the Fundamentall Lawes of the Land, then Mr. Speaker am I guilty of this Article in giving my Vote against the Earle of Strafford; in Voting those acts already made and passed by his Majesty; in Voting against the Bishops; in protesting to maintaine the Fundamentall Lawes of the Land, the true Prote­stant Religion, according to the true Doctrine of the Church of England: I say then Mr. Speaker, in this am I guilty of high Treason: but if this bee not to subvert the Lawes of the Land; then (as I conceive) am I cleare from beeing guilty of this Article. Which I humbly leave to the consideration of this Ho­nourable House.

Under favour (Master Speaker) I come now to the other Articles of the Charge: I will onely recite the substance of them; for they all harpe on one thing: To indeavour to bring in an Arbitrary and tyrannicall Forme of Go­vernment: To invite Tumults, and unlawfull resorts of multitudes of people to the Parliament, to be a colour for our Designes: to raise Forces and Ar­mies in this Land to assist me in my practises: To invite forraigne Princes to bring an Army into the Land: To endeavour by Declarations, Proclamati­ons, and otherwise to alienate the hearts of his Majesties loyall Subjects from their lawfull Soveraigne thereby to avert their due obedience from him, and having an evill opinion of his sacred Majesty, to side with us, and take our parts to effect our Designes.

Give me leave I beseech you to speake concerning these crimes: And first Mr. Speaker to endeavour to bring in an Arbitrary power and tyrannicall Forme of Goverment in the Subject, is to deny Parliamentary proceedings: To oppose the Laws enacted by Parliaments: To incense his Majesty against Parliaments; to protect and Petition against the proceedings thereof, is to bring in an Arbitrary forme of Government. But to agree with the Parlia­ment [Page 4] being a Member thereof by Vote to make and enact Lawes; I conceive this cannot be termed Arbitrary; neither I perswade my selfe can the effects thereof be tyrannicall.

Secondly, concerning the late Tumults about the House, I am innocent thereof; neither came they by my invitation or incouragement: I alwaies thought their resorts in that sort were illegall and riotous: I have Voted with this House for their suppressing; have assented to all Orders for their appea­sing; agreed with the Parliament in all things concerning their petitions and Requests: Then I hope this Honourable House will not conceive me guilty of this Crime: if it be one, and granted; yet I conceive far without the limits of Treason for these Reasons.

1. They came not with Armes to force any thing to be done in Parlia­ment; but humbly by Petition shewed their grievances, and desired redresse thereof which is one Priviledge (and one of the greatest) to make their griefs knowne to a Parliament, and by them to be relieved.

2. They offered no assault; but (beeing assaulted) preserved themselves and departed.

3. The matter of their clamour was not against the King nor any of his Counsell: It was not against the Lords, nor House of Commons: It was on­ly against Delinquents, against such as had been the greatest oppressors of them.

Thirdly, I come in a word to the other Articles of the charge which I in­tend to speake of (under favour) altogether: I pray you who raised any ar­my actually in this Land but the trained Bands, which was done by the Par­liament for the security of their owne persons in the Kings absence; and in o­bedience to his commands, at his returne home they were discharged, and af­terwards againe raised by his Majesties owne Royal Authority. And for in­viting or procuring any forreigne Princes to ayd me with an Army, I am altogether innocent therein; I know of no aid required but from Scotland, which is done by the Parliament, my Vote as a Member thereof only agree­ing with them in the same: And that aid is procured for his Majesties assi­stance in subduing the Rebellion in Ireland, and (as I conceive) for no other purpose. And for the last Article wherewith I am charged, I hope to bee cleared by this whole House for what Declamations or Proclamations have beene published but by Authority of the Parliament, joyn'd with his Maje­sties most Royall Power and assent thereunto. It is manifest to all people that nothing is published by the Parliament; or any of the Members thereof, but tendeth to the winning of the hearts of his Majesties Subjects to dutifull obe­dience and intire love and tender affection towards their gracious Soveraign. And I dare confidently say, that there is none of his Majesties Subjects that [Page 5] are true Protestants, and well affected to Religion; but upon the least com­mand of his Majesties, will spend their dearest bloud in defence of his Sacred Person, his Queene and Princely Issue, of the Lawes and Constitutions of this Kingdome, of Parliaments and the Rights and Priviledges thereof; of Reli­gion and the Doctrine of the Church of England. And therefore I conceive I am far from intending any Treason against his Majesty or Kingdome. And thus craving pardon for my presumption, and humbly thanking this Honou­rable House for their patience, beseeching them to have a good opinion of me and my Actions, that I may receive such Tryall as to their wisedomes shall seeme meet, with my hearty Prayers for the happy continuance of this Parliament; to effect and finish such great matters both in Church and State, as may advance Gods glory, settle all things in a right frame for the good Governement of this Kingdome, and the everlasting peace and tranquillity of his Majesty and all his Kingdomes.

THese Articles of High Treason exhibited by his Majestie against me and the other Gentlemen in the accusation charged with the same Crime, are of great consequence, and much danger to the State: The Articles in themselves, if proved are according to the Lawes of this Land High Treason.

First, to endeavour to subvert the Fundamentall Lawes of the Land, is by this present Parliament in the Earle of Stafords Case adjudged High Treason.

Secondly, to endavour to introduce into this Kingdome an Arbytrarie and tyrannicall forme of Government, is likewise Voted High Treason.

Thirdly, to raise an Army to compell the Parliament to make and enact Lawes without their free Votes, and willing proceedings in the same is High Treason.

Fourthly, to invite a forraigne force to invade this Land, to favour our de­signes agitated against the King and State, is High Treason.

Fiftly, to animate and encourage riotous Assemblies and tumults about the Parliament to compell the King to assent to the Votes of the House is Treason.

Sixtly, to cast aspersions upon his Majesty and his Government, to alienate the affections of His people, and to make his Majesty odious unto them is Treason.

Seventhly, to endeavour to draw his Majesties Army into disobedience, and to side with us in our designes, if against the King, is Treason.

I desire, Master Speaker, the favour of this House to declare my selfe, con­cerning this Charge, shall onely parrallell and similize my actions since the sitting of this Parliament with these Articles.

First, Master Speaker, if to Vote with the Parliament, as a Member of the House, wherein all our Votes ought to be free: it being one of the greatest priv­ledges thereof to have our debates, disputes, & arguments in the same unquesti­nable, be to endeavour to subvert the Fundamentall Lawes, then am I guilty of the first Article.

Secondly, If to agree and consent with the whole State of the Kingdome by Vote to ordaine and make Lawes for the good government of his Majesties Subjects in peace and dutifull obedience to their lawfull Soveraigne bee to in­troduce an Arbitrary and tyrannicall forme of government in the state, then am I guilty of this Article.

Thirdly, If to consent by Vote with the Parliament, to raise a Guard, or Traine-Band to secure and defend the persons or the Members thereof, being invironed and beset with many dangers in the absence of the King, and by Vote with the House, in willing obedience to the Royall command of his sacred Majesty, at his returne, be actually to levie Armes against the King: then am I guilty of this Article.

Fourthly, If to joyne with the Parliament, by free Vote to crave brotherly assistance from Scotland, Kingdomes both under obedience to one Soveraigne, both his loyall and dutifull Subjects, to suppresse the Rebellion in Ireland which lyes gasping every day in danger to be lost from his Majesties subjecti­on, be to invite and incourage a forraigne power to invade this Kingdome: then am I guilty of High Treason.

Fiftly, If to agree with the greatest and wisest Councell of State, to sup­presse unlawfull tumults and riotous assemblies, to agree with the House by [Page 7] Vote to all Orders, Edicts, and Declarations for their repelling, bee to raise and countenance them in their unlawfull actions, then am I guilty of this Article.

Sixtly, If by free Vote to joyne with the Parliament in publishing of a Remonstrance in setting forth Declarations against Delinquents, in the State against Incendiaries betweene his Majesties Kingdome, against ill Counsel­lors which labour to avert his Majesties affection from Parliaments against those ill affected Bishops that have innovated our Religion, oppressing paine­full, learned and godly Ministers with vexatious, suites and molestations in their unjust Courts, by cruell sentences of Pillory, and cutting off their eares, greatisines, Banishment, and perpetuall Imprisonment, If this Mr. Speaker be to cast aspersions on his Majesty and his governement, and to alienate the hearts of his Loyall Subjects good Protestants, and well affected in Religion, from their due obedience to his Royall Majesty, then am I guilty of this Article.

Seventhly, If to consent by Vote with the Parliament to put forth Procla­mations, to send Declarations to his Majesties Army, to annimate and encou­rage the same to his Loyall obedience, to give so many Subsidies, raised so many great summes of mony willingly for their keeping on foote to serve his Majesty upon his Royall command on any occasion, to apprehend and at­tach as Delinquents, such persons in the same as are disaffected both to his sa­cred Person, his Crowne and Dignity, to the wise and great Counsell of Par­liament to the true and Orthodox Doctrine of the Church of England, and the true Religion grounded on the Doctrine of Christ himselfe, and establi­shed, and confirmed by many Acts of Parliament in the Reigne of Hon. 8. E. 6. Queene Elizab. and King Iames of blessed memory, if this Mr. Spea­ker be to draw his Majesties Army into disobedience, and to side with us in our Designes, then I am guilty of this Article.

Now, Master Speaker, Having given you a touch concerning these Articles, comparing them with my Actions, ever since I have had the Honour to sit in this House as a Member thereof: I humbly crave your consideration, and fa­vourable judgement of them, not doubting, they being weighed in the even scales of your Wisedomes, I shall bee found innocent and cleare from these Crimes laid to my charge.

Master Speaker. I humbly crave your further patience to speake somewhat concerning the exhibiting of this Charge which is to propose to your Conside­rations these propositions, viz.

First, whether to exhibit Articles of High Treason by his Majesties owne hands in this House agrees with the rights and priviledges thereof.

Secondly, Whether for a guard armed to come into the Parliament to accuse any of the Members thereof, bee not a breach of the priviledge of Parliament.

Thirdly, Whether any of the Members of Parliament being so accused may be committed upon such accusation, without the whole consent thereof.

Fourthly, Whether a Parliament hath not priviledge to bayle any Member so accused.

Fiftly and lastly, Whether if any of the Members of a Parliament so char­ged, and by the House discharged without release from his Majesty may still sit in the House as members of the same. And thus Master Speaker, I humbly crave pardon for my presumption in so farre troubling this Honourable House, desiring their favourable consideration of all my Actions, and that I may have such a tryall as to this wise Counsell shall thinke meete, cheerefully submitting my selfe and actions to the righteous judgements of the same.