Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	end_n	parliament_n	session_n	2,454	5	10.4165	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56220	A true and perfect narrative of what was done, spoken by and between Mr. Prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the Commons lobby, House, and elsewhere on Saturday and Monday last (the 7 and 9 of this instant May) with the true reasons, ends inducing Mr. Prynne ... thus earnestly to press for entry, to go and keep in the House as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the Parliaments privileges / put in writing and published by the said William Prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of Parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a Parliament member, against the utter subverters of them ...	Prynne, William, 1600-1669.	1659 (1659)	Wing P4113; ESTC R937	104,117	112

Italian Frier specially recommended by them to the pursuite of the King of Spain who prosecuted it all he could to promote his universal Monarchy and so much rejoyced at it that he was the first foreign King who presently sent an extraordinary Ambassador to congratulate the accomplishment applaud the constitution of enter into a League of Friendship with it whose flattering panygerick in his Great Catholique Kings name in prayse thereof and what an honour it was to them that he was the first forein Prince that owned them for a Common wealth made the Commons House so intoxicated that they gratified him in all his requests and pursued all his designs only to ruine us and the Netherlands layd down by Campanella De Monarchia Hispanica c. 25 27. by furnishing him with many thousands of Irish forces quarrelling with the Hollanders maintaining above three years bloody wars with them with infinite losse and expence to both Nations taking the French Kings Fleet provisions merely designed for the reliefe of Dunkirk whereby he presently regained it to our prejudice And on the other hand Cardinall Richlieu of France the great Incendiary of Christendome and somenter of all our Domestick wars in his life the French King and Mazarine by his instructions in writing after his death vigorously pursued this very design His instructions to this purpose recorded by Conte de Galeazzo Gualdo Priorato an excellent Italian Historian are very memorable who relates That Cardinal Richelieu Anno 1642. after he had involved the King Parliament and Ireland in a bloody Civil war being near his death delivered these politick instructions for the King his Master to pursue for carrying on his designs in relation to England with successe That above all other things he should endeavour to keep the Government of Great Britain divided and dis-united by ayding the weaker party that the other might not make it self too powerfull By cau●ing the three Kingdomes of England Scotland and Ireland to be divided either by nominating other Kings elective of another family accomplished by erecting an elective Protector or by moulding them into a Common-wealth as our Republicans have formerly and now done again Yet with this caution That when they are reduced into a Common-wealth so to order the matter That it may not be united into one but divided How punctually Cardinal Mazarine prosecuted these instructions ever since and accomplished them at last the Letters taken in the Lord Digbyes Cabinet printed by the Parliaments order 1646. and O. Cromwels late intimate correspondency with Mazarine discover And how much the Iesuites and Catholicks in France in November 1648. approved applauded the turning of our hereditary Monarchy which they irreconcila●ly hated envyed as well as the late King and turning the Old Parliament into a new Republican Representative and that all their hopes to effect it were in the Army to whom they wished all prosperity therein you may read in a Letter sent from thence by the Armies Agent to a sitting Republican Member soon after published by Mr. Prynne who got the original Mr. Prynne knowing all this and clearly discovering a fresh combination between the Sectaries Republican Anabaptistical Jesuitical levelling party to pursue their designs afresh and accomplish what they formerly attempted in the short Mock-Parliament of their own election creation Anno 1653. and what was then passionately recommended to them by John Canne the Anabaptist in his Voyce from the Temple dedicated to them as their Generation work which God and all his people then expected and required from them even to extirpate the Church Ministry of England Advowsons Glebes Tithes and demolish all Parish Churches as Antichristian to extirpate the Law root and branch under pretext of reforming and new-moulding it to sell all Corporation and College lands and set up a popular Anarchy or tyrannical Oligarchy among us under the disguise of the Old Dissolved Parliament sitting from 1648. till April 20. 1653. after six years violent ejection of them with highest scorn and reproach yet now invited by them to sit again to effect these Romish designs to our utter Confusion but secluding all those who were like to obstruct or defeat them Upon this consideration Mr. Prynne as a secluded Member of the old Parliamemt wherein he detected oppugned all these Treasonable Designs heretofore and since its dissolution by the Kings beheading held it his bounden duty to prevent defeat them now and nip them in the bud whereupon so soon as those now sitting entred the House he assayed to go into it with as many old secluded Members as he could there being 80 of them in London For although his judgement be that this Parliament is quite dissolved by the Kings beheading as he oft declared in print yet since the Army-Officers and those now sitting with sundry others pretend it still in being and under that pretext alone have acted all their publick Tragedies and Innovations he conceived himself bound in Conscience upon their Concessions to endeavour to prevent these mischiefs and do all Publick good he might with better warrant and reason than most Ministers Lawyers Justices Magistrates Members of late Parliaments as they style them have prayed for complyed with acted in under those late Governors Governments mock Parliaments as he is confident some now sitting among them in this new Convention believe it dissolved and yet go in only to prevent and allay those mischiefs which others violently pursue which their own Consciences and our laws resolve them without scruple to be utterly illegal whereas this old Parliament whereof he was a Member was most legallie summoned and convened beyond dispute and hath the colour of a legal Act or Parliament for its continuance which those since have wanted of which Act the greatest part of those now sitting taking advantage notwithstanding their new Instruments Declarations Petitions Advises Addresses and Sessions in other new Parliaments since and it being a great dispute now among most secluded Members whether that Parliament was not yet alive though the King be dead the majority of their Voyces over-ruling his private Judgement as in all other Parliamentary Votes and proceedings gave a present sufficient call warrant to him and others to enter the House to debate it and act what and as they did which will satisfie all those who censure it as unwarrantable or contradictory to his judgement especially when they shall hear what he really intended to propose to the sitting Members when he got into the House had they not gone out to prevent it 1. He intended to inform them of those destructive Jesuitical ends and designs forementioned which they were now purposely called in to accomplish carrying along Thomas Campanella Richilieus Instructions with other Books papers of theirs and some printed Copies of the Republicans and others Good Old Cause truly and fully anatamised now put out and published to dis-engage them from its pursute at the first before they

kingdom so soon as he lost his life 5ly The end of summoning this Parliament was only this for the King himself to have a conference and Treaty with the Prelates and Nobles and for them to be personally present with Vs not our heirs or successors to give Vs their Counsel c. not our heirs and successors All frustrate made impossible and absolutely ceasing by his death because when once dead they can neither parlie conferr nor treat with the King himself nor the King with them nor be personally present with Him for that purpose unlesse they will averr that a meer dead headlesse King can really confer treat parly consult advise with his living Prelats Lords Parliament and they with him be Parliamentally present with each other in the Lords House neither of which they dare admit into it for fear the King if living and Lords too should afright them out of it as the Kings ghost yea the memorial of it though dead might justly do 6ly The mandatory part being in the Kings name alone to summon them to treat with and give their Counsel unto Vs concerning the foresaid businesses relating to Vs and the defence of Our Realm Our Businesses aforesaid not our heirs and successors He and his businesses all ending when he expires the Parliament must of necessity determine 7ly The Parliament ceasing to be the Common counsel of the King and his kingdom and nothing possible to be ordained BY US the King not his heirs and successors Prelates Nobles in Parliament without his concurrent Vote or when he is dead unless a dead King can give counsel make Ordinances give his royal assent to Bills when deceased It must inevitably follow that all the Authority causes grounds ends for which the Members of this Parliament were all summoned to treat consult and give their advice to the King himself determining and becoming impossible to be performed by his death the Parliament must of necessity expire and be dissolved even as the natural body ceaseth to be and remain a living man when the Head is quite cut off If then those now sitting who cut off the Kings Head the Head of the Parliament and thereby destroyed that temporary body politick will have their Conventicle revived by this Act they must set on his head again raise him alive out of his Grave and bring him back into the House to impeach condemn decapitate them in this true High Court of Justice for this their beheading him in their Court of Highest Injustice Which Mr. Prynne presumes they dare not doe least his revived Ghost should scare them thence or justly retaliate their transcendent Treachery 4ly If any man by his will deed the King by his Commissions the Parliament by a special Act or Order shall authorize impower any 3. persons joyntly to sell lands give livery and seisin execute any Commission as Judges Justices Commissioners Auditors or Committees of Parliament if any one of them die both the survivors joyntly or severally can doe nothing because their authority trust was joynt not several and joyntly nor seperately to be exercised If there be not 40 Commoners in the House they cannot sit or act as an House nor dispatch the least affair no more can any Committee of either House unless their Number be sufficient to make up a Committee as the orders and custom of Parliament appoint Therfore the Parliament of England being a Corporation compacted joyntly of the King Lords and Commons House and three estates The death of the King necessarily dissolves the Parliament notwithstanding this Act which did not alter the Parliaments Old constitution but establish it The Kings personal absence from his Parliament heretofore and of late was reputed very prejudicial to it and his calling away some Lords Great Officers and other Members from it a high way to its present dissolution in his life Therefore it must much more be dissolved by his death and the Lords and Commons forcible seclusion both before and since it by the Army and sitting Members they having Vocem locum in quolibet Parliamento Angliae as our Law-books Statutes and their Patents resolve 5ly The principal end of calling Parliaments is to enact new and necessary Laws and alter repeal such as are ill or inconvenient as the Prologues of our printed Statutes our writs of Summons Law-books attest and all accord But no new Act of Parliament can be made nor no former Acts altered repealed but by the Kings royal assent who hath a Negative voice to deny as well as Affirmative to assent to them as well as the Lords and Commons as all our Parliaments Judges Law-books Parliament Records Treatises of Parliaments the printed Statutes in each Kings reign more particularly the Statutes of 33 H. 8. c. 21. 1 Jac. c. 1. in the close resolve Yea both Houses acknowledged it in all contests with the late King our Kings Coronation Oaths and all our antient Saxon Kings Lawes attest it Therefore his death must needs dissolve the Parliament notwithstanding this Act because it could make no Act for its dissolution nor declare alter repeal any other Law without his royal assent There are but 2. Objections made by any sitting or secluded Members against these Reasons that his death should not dissolve the Parliament The 1. is this which the Republicans themselves formerly and now insist on That the King doth never die in judgement of Law and that there is no Interregnum because the Crown immediately descends to his right heir who by Law is forthwith King de jure and de facto before his actual Proclamation or Coronation as the Statute of 1 Jacobi ch 1. Cooks 7 Rep. f. 10 11. Calvins case and other Books resolve To which Mr. Prynne Answers 1. That this argument is but an Axe to chop off their own heads and supremacy as they did the Kings and the Objectors now sitting must either renounce their sitting acting Knacks Declarations against the late King Kingship and the House of Lords or quite disclaim the Objection For if the King never dies Then by their own confession and our Lawes we are still a Kingdom not a Republike yea Charles Steward as heir to his beheaded Father was and is still de Jure de facto the lawfull King of England and supreme Lord and Governour of our Church Kingdom there being no Interregnum ever since his Fathers death and then what becomes of all their absurd illegal Knacks against his Regality and Kingship it self of which they are forced now to pray in ayd to make themselvs a Parliament of their Mock-Parliament without King and House of Lords of their perfidious treacherous Engagements against both and Supreme Authority of the Nation which they have tyrannically usurped 2ly Though the King in genere or rather Kingship it self never dies yet the King in Individuo may and doth oft times die and if the successive deaths of all our Kings since we were a

kingdom be not a sufficient proof thereof the very Objectors and John Bradshawes beheading the late King and putting him to such a shamefull publike death as no Pagan nor Christian lawfull King of England ever formerly suffered by perfidious perjurious treacherous Subjects since it was an Island against our Laws and Votes of Parliament in the Highest Court of Injustice created by them for that end is a sufficient evidence that the King of England dieth as well as other men as they all must likewise doe in Gods due time unless they will make the World believe to expiate their Treason that they did not kill the King in cutting off his head but that he is still alive because some others as is reported did reunite and sow it to his bodie when severed from it by them But of this enough since M. P. presumes they will henceforth rather renounce their Parliaments being than bottom its present existence upon this bloudy foundation and their exploded Kingship The 2d Objection is from the words of the Statute of 17 Caroli c. 7. which declareth enacteth That this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament In the Negative Ergo It shall not be dissolved by the Kings death being no Act of Parliament nor any Act of Parliament yet made for its dissolution Whereunto Mr. Prynne answers 1. That the sole end scope of this Act was not to provide against the dissolution of the Parliament by the Kings natural or violent untimely death not then thought of he being in perfect health likely to live many years by the course of nature and to survive all the ends for which this Act was made but to raise credit for the Parliament to provide monies by this Act to prevent the untimely dissolution proroguing adjourning of this Parliament by the Kings own regal power He having prorogued dissolved all former Parliaments during his Reign in discontent by his Regal power not death against the Lords and Commons wills 2ly This is intituled An Act to prevent Inconveniences which may happen by the untimely adjourning proroguing or dissolving of this present Parliament and the Prologue Body of the Act provide joyntly and severally against all three to wit the untimely proroguing or adjourning as well as dissolving of this Parliament But no Parliament ever was is or possibly can be untimely prorogued or adjourned by the Kings death but only by his actual Regal will and power Therfore the dissolving of it intended by this Act must be only an untimely dissolution by his actual will Commission writ and regal power alone by which his former Parliaments were prorogued dissolved against the Lords and Commons assents not by his death whether natural or violent being against his will and no part of his Regal Supremacy but only of his human frailty 3ly The Inconveniences the Commons feared would ensue by the untimely dissolution of this Parliament and endeavoured to prevent by this Act are thus expressed in the Prologue Where as great sums of mony must of necessity be suddainly advanced and provided for relief of his Majesties Army people of the Nothern parts of this Realm and to prevent the imminent danger this Kingdome is in and for supplying of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raysing the said mony which credit cannot be obtained untiil such Obstacles he first removed as are occasioned by Fears Jealousies Apprehensions of divers of his Majesties Subjects that this present Parliament may be adjourned prorogued or dissolved 1. before Justice shall be executed upon Delinquents 2ly publike grievances redressed 3ly a firm peace between the two Nations of England and Scotland concluded 4ly and before sufficient provision be made for the repayment of the said monies so to be raysed all which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it therefore declared and enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by authority of the same That this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament to be passed for that purpose c. By which it is undenyable 1. That the Commons when they petitioned for the King when he declared enacted the Lords and Commons when they assented to this Act did never think of or intend to provide against a dissolution of this Parliament by the Kings untimely death nor of a future dissolving it by an Act of Parliament by his Successors or others after his decease but on the contrary presupposed the continuance of his life and of this Parliament thereby till all the inconveniences they recite were prevented and a new Act passed by him and them jointly to dissolve this Parliament when these Inconveniences were prevented and things effected Which is irrefragable 1. Because they declare in Terminis The speedy advancing and providing of monies for the relief of his Majesties Armies and people of the Nothern parts not their subsequent Armies and the supply of his Maiesties present and urgent occasions not their own and the Fears Jealousies and App●ehensions of divers his Maiesties Loyal Subiects c. ●o be the only ground of their humbly beseeching his Maiesty for this Act. All which presuppose his life being preservation and the Commons great care of complying with him as their Soveraign Lord without the least thought of his untimely death since happening or secluding the King or his Poûeritie out of this and all future Parliaments by colour of this Act as those now sitting have done point-blanck against it 2ly The Fears Jealousies and Apprehensions they had occasioning this Act were only these That this Parliament might be adjourned p●orogued dissolved 1. Before Justice shall be duly executed upon Delinquents then in being and complained of as Strafford Canterb●ry the Ship-mony Judges and others not new Delinquents since not then dreamed of 2ly Before publick Grievances redressed hose then complained of not others arising afterwards 3ly Before a firm peace between the two Nations of England and Scotland concluded by reason of the former not subsequent breaches between them and the King 4ly Before sufficient provision to be made for the repayment of the said monies to be raised not for the Parliaments subsequent Armyes and occasions but for his Maiesties Army and people in the North the preventing the then imminent danger of this Kingdom not of our new Common-wealth or dangers since arising and for supply of other his Maiesties present not future and urgent occasions But none of these four particulars could be accomplished by the Lords or Commons alone af●er his Majesties death but by the King alone or by his concurrence with them whiles living Yea they were all actually accomplished

in his life time long before his death The first by the Executions of Strafford and Canterbury the impeachments censures of the Shipmony-Judges and other Delinquents both in Scotland I●eland The 2d by the Acts abolishing Shipmony the taking of tonnage poundage and other Taxes without Act of Parliament the Acts for the preventing of Inconveniences happening by the long intermissions of Parliament For regulating of the Privy-Counsel taking away the Court of Star-Chamber and High-Commission against divers Incroachments and oppressions in the Stannary court For the certainty of Forests and their meets and bounds for the better ordering and regulating the Office of the Clerk of the Market for reformation of false Weights and Measures for preventing vexatious proceedings touching the order of Knightship for the abbreviation of Michae●mas Term and for the free importation of Gunpowder and Salt-peter from forein parts and making of them in England By all these good Acts passed f●eely by the King soon after or before this Act he fully redressed all Grievances then complained of or intended within this Law The 3d. by the Act of Confirmation of the Treaty of pacification between the two kingdomes of England and Scotland The 4th by the several Acts passed for the Relief of his Majesties army And the Northern parts of this kingdom For the better raising and levying of Mariners and others for the present guarding of the Sea and necessary defence of the Realm not Republike For the Subsidies of Tonnage and poundage granted to the King for the speedy provision of money for disbanding the Armies and setling the peace of the two kingdoms of England and Scotland For securing such monies as are due to the Inhabitants of the Northern Counties where his Majesties Army have been billetted And for securing by publike faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland all passed and published by the King himself Anno 16 17 Caroli 1640. 1641. at least 7. years before his beheading It is most certain that all these ends of making this Law as the Prologue thereof and the word THEREFORE in the Commons prayer infallibly declare were fully accomplished by the King in his life so long before his untimely death Therfore none of thē now remaining to be performed all acted since their accomplishment by those now sitting being diametrically contrary to this Act these ends and occasions of it this Parliament must of necessity be beheaded expired with the King and cannot survive his death 4ly The words That this present Parliament assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall at any time or times during the continuance thereof twice recited in the subsequent clauses be prorogued or adjourned unlesse it be by Act of Parliament to be passed for that purpose can be intended of no other but that present Parliament which passed this Act which consisted of The Kings Maiesty our Soveraign Lord by whom this and all other Acts passed or to be passed was declared and enacted and this intended Act likewise not of his heir or successor after his death and of the Lords and Commons House then in being not any new House of Lords or Commons succeeding after their deaths then sitting Therefore when the King was cut off by an untimely death and thereby an impossibility accruing to dissolve it by an Act of Parliament within the words or intent of this Act it must of necessity be dissolved by his beheading Impossibilities making Acts of Parliament to perform them meerly void as our Lawe makes Impossible conditions 5ly This Act and those who made it must have and had a retrospect to the Writs whereby it and they were summoned and the ends things therein expressed But they all determined and became Impossible after the Kings beheading Therefore the Parliament must be destroyed with him since cessante causa cessat effectus cessante primativo cessat derivativum as all our Lawyers Law-books and natural reason resolve 6ly The last Clause of this Act That every thing and things whatsoever done or to be done to wit by the King or any other for the Adjournment proroguing or dissolving of this present Parliament contrary to this Act shall be utterly void and of none effect do clearly ex●lain the meaning of this Act to be this That it extends only to things done or to be done by the Kings will and power as to his Commissions Proclamations Writs Warrants Precepts to adjourn prorogue or dissolve this Parliament as he had done others heretofore here declared to be utterly null and void not to his death wherein he was only passive being forcible against his will and the Parliaments too which death no Parliament can make null and void in respect of the Act it self so as to restore him to life though the whole Parliament and our three Kingdomes may and ought to null it in respect of the illegal manner of his Execution not to be paralel'd in any Age. 7ly The Commons themselves in their Remonstrance of the State of the Kingdom 15 Decemb. 1641. Declared That the abrupt dissolution of this Parliament is prevented by another this Bill by which it is provided it shall not be dissolved adjourned without the consent of both Houses Yea the Lords Commons in their Declaration of May 19. 1642. declare That excellent Bill for the continuance of this Parliament was so necessary that without it we could not have raised so great sums of monies for his Majesties service and Common wealth as we have done and without which the ruine and destruction of the Kingdome must needs have followed as since of the Kingdom and Parliaments too by pretext thereof And we are resolved the Gracious favour of his Majesty expressed in that Bill and the advantage and security which thereby we have from being dissolved by him shall not encourage us to do any thing which otherwise had not been fit to have done Which whether these formerly now sitting have performed let their own Consciences resolve After which the Lords and Commons in their humble Petition to his Majesty Jun. 17. 1642. desire That your Majesty having passed an Act That this Parliament shall not be dissolved but by Act of Parliament your Majestie would not do any thing tending thereunto by commanding away the Lords and great Officers whose attendance is necessary thereunto Therefore the sitting Members abolishing the whole House of Lords and their secluding most of the Commons Members by this Petitions concession must dissolve it Both Lords and Commons in their Declaration 26th Maii 1642. adde We hope the people will never be carryed away with a noyse of words against the Parliament to make any such equitable construction of the Act for the continuance of this Parliament as may tend to the dissolution thereof by the Declaration of the King which they Answer in this

were engaged therein by any Votes or Actions if he could but gain audience or patience to hear them pressed on their Consciences Viva Voce But their unparliamentary adjourning on purpose to prevent it when he was in and forcibly resecluding him by armed Gards when once out he held himself bound in Conscience to publish that to them and the the world in print which he was not permitted libertie to speak as he formerlie did when forcibly imprisoned and kept from the House by the Armie as now upon the like account in his Brief Mememto to the present unparliamentary Juncto from his Pison-Chamber at the Kings Head which they soon after took of Jan. 1. 1648. 2ly He intended to propose That all armed Gards of Souldiers in or near the Cities of London or Westminster might by publick Proclamation be removed to a convenient distance thence according to the antient Custome Presidents and Privileges of Parliament prohibiting not only all armed forces but the very bearing of any Arms or weapons in or near the place where the Parliament did sit under severest penalties lest they should over-awe the Members or any way interrupt their proceedings which the undutifull mutinous Officers Souldiers now in and near the City though raysed purposely to protect the Parliament and its Members from all force whatsoever have frequently done nay forcibly secluded imprisoned ejected the Members themselves sundry times yea turned the now sitting Members out of Doors and now again on Saturday last and this very Morning secluded him and sundry Members when they came to enter in 3ly That all the Lords all secured secluded Members of the old Parliament not sitting after Decemb. 8. 1648. now about the City being double in number to those now sitting might presently be called and freely admitted into the House And all living Members of the old Commons House elected or sitting at or before that time might by the Speakers Letter be desired in all their names to meet together in the Commons House forty daies after the ordinary time limited in most writs of Summons or Resummons of Parliament and nothing acted or voted in the interval as a House of Commons till they were all assembled after their ten years seclusion dissipation by the Armies force and war upon them This suddain unexpected Clandestine stealing into the Commons House of about 41 or 42. Members alone without any general notice given thereof to all the other surviving absent Members or places which elected them sitting presently as an House of Parliament accompanied with a present forcible seclusion of all but their own Confederates being a most unparliamentary practice conspiracy surprise unworthy Saints or persons of Honour destructive to the very being Privileges of Parliament injurious to the whole Nation as well as absent and secluded Members yea contrary to their own Republican Votes Principles That the Supream Authority of the Nation resides only in the Generality of the people That it cannot be transferred from them to any others in or out of Parliament but by their free consents and elections That their Representatives in Parliament ought to be equally distributed throughout the Nation No Member to be secluded when duly elected and all things to be carryed only by majority of Voyces Contrary to the principles of Law Equity common Justice Reason which resolve that publick Acts of Parliament bind all men because they all are Parties and Assenters to them by their election of Knights Citizens and Burgesses impowred intrusted by them and present when they passed by their common assent Which they cannot be when the farre greater number are absent secluded and have no notice of their present sitting Contrary to common Right and that just Maxime inserted into some antient Parliament Writs of Summons and elections to Sheriffs quod omnes tangit ab omnibus approbetur that which concerns all ought to be approved by all And not only so but this their surreptitious fraudulent suddain sitting and acting by themselves as a Parliament if they proceeded would make them far more criminal and guilty of highest Treason than King Richard the 2d of old impeached and dethroned in the Parliament of 1 H. 4. amongst other Articles for this That the said King in his last Parliament at Salop purposing to oppress his people subtlely procured and caused to be granted That the Power of the Parliament by the consent of all the States of his Realm should remain with certain Persons to determine after the Parliament dissolved certain Petitions delivered in the same Parliament at that time not dispatched By colour of which Concession the persons so deputed proceeded to other things generally touching that Parliament and that by the Kings will In derogationem status Parliamenti in magnum incommodum totius Regni pernitiosum exemplum In derogation of the State of the Parliament and to the great disprofit prejudice of the whole Realm and permitious example And that they might seem to have some kind of colour Authority for this kind of their proceedings the King caused the Rolls of the Parliament according to his Vote to be changed and deleted contrary to the effect of the foresaid Concession which is likewise mentioned in the printed Act of 1 H. 4. c. 3 and thus amplyfied That a certain power was committed by authority of Parliament to certain persons to proceed upon certain Articles comprised in the Rolls of the Parliament thereof made and by authority aforesaid divers Statutes Judgements Ordinances and Stablishments were made ordained and given erroneously and dolefully in great disherison and final destruction and undoing of many honourable Lords and Liege-people of the Realm and their Heirs forever wherupon that whole Pariament of 21 R. 2. with all the circumstances and dependents thereupon were wholy reversed revoked voyded undone repealed and annulled for ever If this then were so high a crime and breach of royal Trust in King R. 2. even by consent and authority of the whole Parliament and three Estates subtilly to procure the power of the whole Parliment to remain in the hands of certain Persons which themselves approved of who exceeded their Commission and acted generally as a Parliment And if this was a grand derogation of the state of the Parliament a great damage to the whole Realm and permitious example for posterity for which in the very next Parliament they impeached deposed him and nulled all these proceedings for ever Then questionless their former sitting acting in the Commons House from December 7 1648. till Apr. 20. 1653. and now again without yea against the consents Votes of the Parliament 3 Estates secluded Members their repealing altering the very Acts Ordinances of the Lords and Commons concerning the Treaty with the King and sundry others their nulling the Act for Trienial Parliments the continuance sitting of the Lords in this Parlament their ●eclaring themselves alone to be the Parliament of England beheading the King himself their

Frauds and indirect practises in others 3ly That old House of Commons had a special care of providing for the Kings Armie his urgent and present occasions professed themselves his loyal Subjects and him to be their King and Soveraign Lord humblie besought his most Excellent Majesty that it might be declared and enacted by him that this Parliament might not be dissolved prorogued or adjourned but by Act of Parliament acknowledging they could make no such Act without his Majesties Royal assent and that both the King and Lords House were essential Members of the Parliament within this Act. But those sitting since 1648. till 1653. and now again thus entring the House by pretext of this Act have renounced abjured and professedlie engaged against all this to which they are direct Antipodes Therefore no Commons House within this Act. 4ly The Commons House within this Act was that House which was then in being when this Act passed dulie elected by the people by the Kings Writs not the Armie-Officers and pursued the self-same ends recited in the preamble for which this Act was made and assented to by the King and Lords But this New House was created constituted not by the Kings writs or peoples election but the Armies swords and conspiracie 7 years after this Act first passed then disowned and turned out of Doors above 6 years by the Army and now re-inducted into it by their armed Votes and force to serve their ends not to pursue those mentioned in the Act accomplished many years since and now becoming impossible Therefore they are not so much as an House of Commons within this Act and the Armie-Officers and Souldiers who formerly thrust them out now recall them may do well to consider that Gospel-Text Gal. 2.18 If I build again the thing I destroyed I make my self a Transgressor even against this very Law as well as the law of God and other laws of the Land XI If they are not so much as a Commons House of Parliament much less then are they the lawfull Parliament of England in anie sense within the letter or meaning of this Act no more than so manie of the old Gunpowder Popish-Traitors had their Treason taken so good effect in blowing up King Iames the Lords whole House and majoritie of the Commons House there assembled as their late new Powder-plot hath done had been the onlie lawfull Parliament of 3 Iac. they destroyed in case they had entred then into the Commons House with the Mace before them and created stiled themselves alone the Parliament of England as a right devolved unto them by Conquest or Succession which had they presumed to do no doubt the whole English Nation would have risen up against them as one man and never have so far dishonored themselves their Religion or Countrie as to own and submit to those Jesuitical Romish-Traitors only for destroying of their lawfull King Lords House and English Parliament it self as the onlie true old English Parliament then re-assembled The Reasons are unanswerable 1. Because the whole House of Commons then sitting in its primitive splendor fullnesse freedome was by its own quadruple acknowledgement in it no more but the Commons House and one Member of this Parliament not the Parliament it self never owning owning but professedlie disclaiming it self to be the Parliament or present Parliament within this Act. 2 ly Because this Act was made not by the Commons alone without the King or Lords concurrence but by the King as their Soveraign Lord declaring and enacting and the Lords and Commons as jointlie assenting thereunto 3 ly Because it is most absurd to conceive that the King and Lords by passing this Act to continue this Parliament as then constituted till dissolved by Act of Parliament did ever intend to seclude themselves quite out of it or to make the Commons House alone an absolute independent Parliament without both or either of them though five times speciallie providing by name for their Parliamentarie interests Or that they or the Commons intended to make each of themselves a distinct Parliament without the other and so to erect three New Parliaments at once by providing against the untimelie proroguing adjourning or dissolving of one The King and Lords both jointlie and severallie having the self-same Arguments from this Act to prove each of them a several or joint Parliament without the Commons by the Commons own intention in passing this law as the Commons have to justifie themselves to be a Parliament now they have secluded and engaged against them both and will admit of neither as Members of their Parliament when as this verie Act preciselie prohibits the King to dissolve prorogue or adjourn the Parliament or either House therof or the Lords to prorogue or adjourn much less dissolve the Commons House or the Commons to prorogue or adjourn much lesse dissolve the Lords House declaring and enacting That at any time or times during the continuance of this Parliament the Lords House shall not be adjourned nor yet the Commons House but onlie by their own respective Orders and by themselves alone declaring enacting everie thing and things whatsoever done or to be done to the contrarie to be utterly void and of none effect 4 ly Because this Act both in the Title prologue and body prevents onlie the untimely proroguing adjourning and dissolving of this present Parliament at any time or times during the continuance of it but by Act of Parliament or themselves stiling it 8. several times this present Parliament and giving it no other Title yea it preciselie describes it to be a Parliament onlie of King Lords and Commons as it was when this Act was made and so to continue till its dissolution But the Parliament now sitting was not this present Parliament being not then known heard of nor imagined ever to start up in After-ages by any who made or consented to this Law it being created onlie by the Armie 7 years after this Act and now revived full 18 years after it without anie King or House of Lords and protesting engaging against them both as no Members of it Neither can they pursue any one of those ends for which this Parliament was continued Therefore they are doubtlesse beyond dispute no Parliament at all within the words or intention thereof their own Consciences Reason being Judges whatever they pretend nor yet by their own Republican principles a free and equal Representative of the people 6 ly By the Law and Custom of all Nations Nature Reason Justice Equitie the laws of England and of all publick or private Ecclesiastical Civil or Militarie Councils or Corporations the Majority of persons Members Voyces Votes are alwayes reputed the Parliament Council Synod Corporation and do yea ought of right to bind the lesser part as well in making Laws Ordinances as Elections and all else that concerns the publick Yea the General and General Counsel of the Army-Officers in their Petition to those and others now

Oaths of Supremacy and Allegiance as unlawfull Oaths which themselves took and ought to take before they sate or could sit as Members in the Commons House by the Statutes of 5 El. c. 2. 7 Iac. c. 6. which Oaths were specially made by the great wisedom care and piety of our Protestant Parliaments purposely to detect the persons and prevent the plots conspiracies Assasinations Treasons Vsurpations and new Gun-powder plots of the Romish Jesuites popish Priests Papists and their Instruments against the Lives Crowns Prerogatives of our Protestant Kings Princes their Royal posterity Realms Parliaments our protestant Church and Religion as the Statutes of 1 Eliz. c. 1. 5 Eliz. c. 1. 3 Jac. c. 4. 7 Iac. c. 6. and other Acts with King Iames his Apology for the Oath of Allegiance and sundry learned Treatises in defence of these Oaths declare at large Which Oaths were refused opposed only by the most Iesuited and desperate Papists at home and abroad but approved by the moderatest and loyallest Priests and Lay-Papists who writ in justification of them and repealed to their greatest joy and advantage by our Jesuitized zealous Republicans 3ly They discharged absolved themselves and all other Members Subjects Officers who had taken these Oaths as most had frequently done from the future Observation of them and of their Solemn Protestation Vow League National Covenant made in pursuance of them contrary to this expresse Clause in the Oath of Allegiance I do believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred to me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the expresse words by me spoken and plain and common sense of the said words without any equivocation or mental reservation And I do make this recognition and acknowledgement Heartily Willingly and Truly upon the Faith of a Christian Yet these faithlesse Republicans who took this Oath as Members and several times else upon other occasions thus atheistically like so many absolute Popes against all Laws of Nations Nature absolved themselves and all others from it and set it with the Oath of Supremacy Covenant Protestation quite aside like old Almanacks out of date 4ly Not content herewith they imposed a new Engagement diametrically contrary to these Oaths the Protestation Vow Solemn League and Covenant which every one must subscribe with his hand To be true and faithfull to their New Common-wealth as established by them without a King or House of Lords putting all English Freemen whatsoever into a New-praemunire upon a bare suggestion only before proof or conviction and disabling them to sue in any Court of their Republick or to receive or enjoy any degree office augmentation or preferment whatsoever Spiritual Ecclesiastical Civil or Military or sit as Members then and now again unless they would publickly subscribe it Which Engagement thousands of our Godly protestant Ministers Gentry Freemen refusing to subscribe were thereupon barred of their Actions Executions Iudgements to recover their just Debts Rights Inheritances Goods Offices denyed their degrees of Learning ejected out of their Benefices Headships Fellowships Vice-Chancelorships Augmentations Offices Freeholds Callings against all rules of Law Conscience Iustice Equity Religion the Fundamental Laws and Liberties of the Land their Native Birth-Rights after all their Contests Wats Contributions Prayers Fasts endeavours for their defence And all by these Free-State-Men A Tyranny Treachery Perjury Apostacy transcending any since the Creation yet most eagerly pursued by them all their Reign to the utter ruine of many consciencious honest Protestants and great rejoycing of all Iesuites and Popish Enemies both at home and abroad 5ly The very first Act of Iustice they did by the first Commission of the peace they passed under their New Republican Great Seal for Middlesex at the first Sessions held under them at Hix-hall Febr. 1628. was the enlarging of a dangerous Jesuits and another old seducing Papist formerly imprisoned in the New prison the only Acts done in this first Session as th●se present then informed Mr. Prynne with much regret Which was seconded with the subsequent enlargement of other Jesuites Priests Papists elsewhere imprisoned whereas on the contrary they shut up Sir William Waller Sir Will. Lewes Sir John Clotworthy Major General Brown Comissary Coply Mr. Prynne Mr. Clement Walker close prisoners in sundry remote Castles divers years together without any cause expressed and Mr. Gewen with other Members several Monthes and sundry Godly Ministers Protestants of all sorts throughout the Land as well Paliamenteers as former Cavaliers yea beheaded Mr. Love an eminent Protestant Minister and other Protestants but not one Papist in their illegal High-Courts of Justice erected by them against all our Laws whiles these Romish Locusts were thus enlarged unprosecuted and had free liberty to wander up and down our three Nations and act what they pleased to work our Kingdoms Churches and Religions ruine 6ly The first who publikely owned them for a Common-wealth congratulated this their glorious change atchievement and entred into a League with them was the most Catholick K. of Spain the Popes Jesuites chief Patron and Propagator of their Catholick Faith and designs whose interests they prosecuted during all their Republican domination 7ly They entted into a bloodie invasive war against their Brethren of Scotland onlie for owning their rightfull Soveraign King CHARLES after his Fathers beheading according to their Laws Oathes Duties and Solemn League and Covenant invaded their Country without any provocaion slew many thousands of them with furie and cruelty in the Field starved destroyed hundreds of them taken prisoners by them and sold others of them into forein plantations for Slaves imprisoned sequestred banished most of their zealous Godly Protestant Ministers Nobles Gentry took all their Cities Castles Forts Amunition Arms conquered inthralled their whole Kingdom put them under intollerable Taxes Tributes and Iron-yokes of armed Governors Garrisons still continued amongst them to our cost destroyed their presbyterial and civil Government and for an everlasting Monument of this their barbarous unbrotherly kindnesse and gratitude towards them for their former assistances not only kept Solemn publick Thanksgiving-Dayes throughout their Republicke for their Slaughters of and Victories over them but hanged up all their Ensigns in Westminster Hall and transported all their Records close prisoners to the Tower of London where they yet continue 8ly They instigated the Dutch to set aside the Prince of Orange his Family and put them out of the superiour Commands places of Trust they formerly merited and enjoyed out of malice to the beheaded Kings Progeny mutined the States against each other and then entted into a most costly bloody dangerous unchristian War with those our old Protestant Friends and Allyes continuing all

dis-inheriting the whole House of Lords and their Heirs for ever of their Parliamentary Session Judicature Privileges as much as in them lyeth and thousands more of their real and personal Estates their forcible secluding securing the greatest part of their Fe●low-Members then and now again by the Armies power and sitting under their fo●ce which by their own Declaration of August 6 and the Armies in pursuit the●eof August 8. the Speakers Letter July 29. 1648. yea Sir Arthur Hasterigges own Speech and others of them the very two last dayes they sate in the last Convention nulls all they voted or ordered must needs be a more execrable transcendent crime by thousands of degreees a greater derogation to the state of the Parliament and its Privileges of more fatal consequence to the whole Kingdom and of far more pernicious example than this Act of his eternally to be expleded declared null void to all intents in it self and demeriting the Highest censures that the Justice of Parliament can inflict being a more superlative Treason and High Misdemeanour than this Kings or Canterburies impeached by the whole House of Commons and many of them thus act●ng sitting That to preserve himself from being questioned for his Trayterous courses he hath laboured to subvert the rights of Parliaments and the antient course of Parliamentary proceedings this being the last Article of his impeachment for which amongst others he lost his head Which Presidents Mr. Prynne would have pressed them viva voce seriously to consider at which they must needs stand mute and astonished not having one syllable to reply 4ly He would have propounded That when all the Members met together They should in the first place debate this point whether the old Parliament were not actually dissolved in point of Law by their beheading the King notwithstanding the Statute of 17 Caroli c. 7 which though themselves by their former and present sitting by pretext thereof the Army-Officers heretofore and now again deny and many secluded Members hold still to be in being yet for his own opinion he held and had published it to be dissolved notwithstanding this Act and to be Casus omissus out of it which he was ready to maintain against all Opponents by these reasons 1. Because it hath been f●equently resolved by Parliaments themselves the Reverend Judges and our Law-books as 1 H 4 rot Parl. n. 1 2 3. 1 H. 5. Rot. Parl. n. 16. 4 E. 4. f. 44. Cooks 4. Instit p. 44. by King Charles own Declaration 13 Junii 3 Caroli and his Judges and Counsel then that the deposition and death of the King doth actually dissolve the Parliament and that the new King cannot hold and continue the old Parliament sitting or prorogued at his Ancestors death the Parliament of 22 R. 2. being dissolved by his resignation of his Crown and the Parliaments of 14 H. 4. 24 Jacobi by the deaths of these two Kings and by like reason the last Parliament of 16 Caroli by his violent death 2ly Because the Parliament is no standing Court sitting at certain seasons by positive Laws but summoned constituted by the Kings writs of summons and royal Prerogative when and where he pleaseth and adjourned prorogued dissolved by his writ alone in point of Law and practise in all ages at his pleasure sitting sometimes longer sometimes shorter and sometimes prorogued to another day place or countermanded after summons upon just occasions as the Parliament Clause Rolls the Act of 16 Caroli c. 1. and other Statutes resolve Now all writs of summons being actually abated by the Kings death which made them as well as all Commissions Patents of all Judges Justices Sheriffs whatsoever and other writs informations in the Kings name and behalf as the Statute of 1 E. 6. c. 7. Cooks 7 Report f. 29 30. Crookes 1 Part. p. 1 2.10.11.97 98. and other Lawbooks collected by Asb Discontinuance de Proces 16. and Reattachment 7. determine The writs of summons and likewise of Parliament must needs abate likewise And the Lords being made Judges and the Commons Members of that particular Parliament only by the Kings writ his death must determine their Parliamentary Judicature or Authority sitting during the Kings pleasure as well as the Judges Justices Sheriffs Patents and all other Commissions whatsoever 3ly Because every Parliament heretofore in the reign of K. Charls by the very recitals of the Writs is called 1. In the name and by the authority only of the King regnant in his natural capacity accompanied with his politick by his Christian name Carolus Dei gratia Rex c. expressed in it not generally by the Office King but Carolus Rex 2ly It recites it to be called De avisamento Consilii nostri 3ly It stiles it nostrum· 4ly That the occasion of calling it was about certain arduous businesses Nos et defensionem Regni nostri Jura coronae nostrae c. in many antient writs contingentibus 5ly That his intention in calling it is Quia cum Pralatis Magnatibus et Proceribus dicti regni nostri or nostris Colloquium habere volumus et Tractatum 6ly It summons them thus Vobis mandamus c. quod personaliter intersitis Nobiscum or ad Nos such a day and place Nobiscum et cum caeteris Praelatis Magnatibus et proceribus praedictis tractaturi vestrumque consilium impensuri super negotiis antedictis 7ly The Knights Citizens Burgesses and Barons of ports in the Commons House are summoned to doe and consent to those things which shall happen by Gods favour to be then ordained De Communi Consilio super Negotiis antedictis in sundry Writs stiled by the King Negotia Nostra Negotiorum nostrorum c. which clause is thus explained in Claus 36 E. 3. d. 16. cl 37 ● 3. d. 22. cl 38 E. 3. d. 3. cl 39 E 3. d. 2. cl 42 E. 3. d. 22. cl 47 E. 3. d. 29. ad consentiendum biis quae per Nos ac dictos Magnates et Proceres ordinari contigerit favente Domino From all which particular clauses in the very writs of summons it is undeniable that the Parliament of 16 Caroli was ipso facts dissolved by the Kings death 1. Because this Parliament was summoned particularly by King Charles in his natural as well as politick capacity not in his politick alone nor yet by or for him his heirs successors who ceased to be both Charles and a King of this Realm by his death 2ly The Counsel by whose advice it was summoned was his not his heirs and successors Counsel 3ly The Parliament convened his Parliament alone not his heirs or successors both of them ceasing to be his Counsel or Parliament by his decease 4ly The subject matter for which it was summoned Divers urgent and arduous businesses concerning Vs not our heirs or successors and the defence of Our not their Realm of England who was no more Us and the kingdom no more his