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A91250 Prynne the Member reconciled to Prynne the barrester. Or An ansvver to a scandalous pamphlet, intituled, Prynne against Prynne. Wherein is a cleare demonstration, that William Prynne, utter barrester of Lincolnes Inne, in his soveraigne power of parliaments and kingdomes, is of the same judgement with, and no wayes contradictory to William Prynne Esquire, a Member of the House of Commons in his memento. Wherein the unlawfullnesse of the proceedings against the King, and altering the present government is manifested out of his former writings and all cavils and calumnies of this scandalous pamphleteer fully answered. / By William Prynne Esquire, barrester at law, and a Member of the House of Commons. Prynne, William, 1600-1669. 1649 (1649) Wing P4043; Thomason E558_5; ESTC R203281 19,546 27

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Pamphletter relates his words and the Titles of all his 4. Parts manifest consisting of Lords and Commons and that in a condition of freedom and safety sitting in a full and free Parliament But he never meant nor intended it of the House of Commons alone acting and voting without and against the House of Lords nor of a House of Commons sitting acting under a horrid Arme● force as now much lesse of a remnant of a Commons-House sitting and Voting when near nine parts or ten of their fellow-members are by a mutinous Army imprisoned secluded and driven away from the House or of 40. or 50 Commons sitting under a force and usurping to themselves without and against the consent of their secluded Fellow Members the supreame Authority of the Kingdom making Acts of Parliament and erecting a New High Court of Justice without the Lords or their Fellow Nembers consents to indite arraigne condemne and execute the King as a Traytor and without the whole Kingdomes or Scotlands and Irelands joynt consents of which he is likewise King Such a Parliament as this consisting of some 50. or 60 Commons only without King Lords or the rest of their Fellow Commoners he never heard nor read of in any age and so could never intend it and therefore in his Memento might very well mind them of committing Treason within this Law whatever they Vote order or ordain or Enact in such a thin House under a force whiles the other Members are secluded being by Mr. Speakers owne Declaration of July 30. 1647. and the Ordinance of both Houses August 20. 1647. declared to be meerly null and void to all intents even at the time of its Voting Ordering Ordaining enacting ever after and so no prea at all 〈◊〉 justifie such Members in the case they be indicted a●d arraigned of High Treason for it 3 Whereas this Pamphletter p. 11 suggesteth That Wil● Prynne the Member in the rehearsal of the Statute of 25. E. 3. hath foulely miscarried and falsified the words of it in his Mement● For where as the Statute mentions nothing at all touching deposing the King he urgeth the Statute thus That it is no lesse then High Treason for any man by overt act to compass or imagin the deposition or death of the King Adding the word deposition which is no where found in the whole Statute To this Mr. Prynne the Member answers 1. That this Ignoramus hath foulely mis-recited and falsifyed his words by omitting part of them which are these First I shall minde them that by the Common Law of the Realme which he omits the Statute of 25. E. 3. and all other Acts concerning Treasons omitted likewise by this Scribler it is no lesse than High-Treason for any man by overt Act to compasse or imagine the deposition or death of the King quoting Cook and Stamford in the margin and 21. R 2. Plac. Cor. num 4. 6. 7. in the Text. Now though the word deposing be not in the Statute of 25. E. 3. yet it is in the Lawbooks which he cites and in the Parliament Roll of 21. R. 2. which this Dulman never read Therefore this absurd observation and censure of his might well have been spared Secondly To compasse the deposing or imprisoning of the King is in expresse Words declared to be Treason by the Statutes of 26 H. 8. c. 13. 1. E. 6. c. 12. 1. Eliz c. 6. 13. E. c. 1. and is no lesse then High Treason within the meaning and intention of 25 E 3 c. 2. though not within the Letter as our * Cook 3. instit ch ● p. 5. 6. 12 13. and 7. Rep. 10 11 Law-books and all the Judges of England have resolved Therefore Mr. Prynne the Member stands rectus in Curia against this ignorant false aspersion 4ly What Mr. Prynne the Barrester writ concerning the Oath of Supremacy quoted p. 11 12 he doth still averre as to the first branch of it which is distinct from the latter as applyed to the whole Parliament not to the House of Commons alone or those few Members now sitting in it under a force of which he never intended that passage to whom it is here misapplyed Only he must inform this Gentleman that the latter clause of this Oath And do promise that from henceforth I shall bear true allegiance to the Kings Highne his heirs and lawful successors and to my power shall assist and defend all Iurisdictions Priviledges and Preheminences granted or belonging to the Kings Highnesse his Heirs and Successors on united and anexed to the Imperiall Crowne of this Realme So help me God c. Is a distinct clause from the former which hee and his Confederates in their late proceedings have quite forgotten and shall one day answer for such wilfull perjury in this or the world to come if they repent not of it 5thly Whereas he addes p. 13. That the Oath of Allegiance relates only to the Popes unlawfull exercise of Authority and Iurisdiction within the Kingdome And that William Prynne the Member in his rehearsall makes the Oath to run thus That the Pope neither of himselfe nor by any Authority of the Church of Rome or by any other means nor any other hath power c. and so instead of the words with any other implying the Authority of the Pope joyned with others he makes it a distinct clause nor any other and so upon this forgery including the Parliament within those words nor any other he would make this proceeding against the King to be contrary to the Oath of Allegiance Mr. Prynn● the Member answers First that though this Oath doth principally relate to the Popes unlawfull exercise of Authority and Jurisdiction within this Realme yet it relates not only and solely to it as he pretends The whole scope of this Oath is To secure our Kings from being deposed or murdered by their Subjects or any other The greatest danger the Parliament then feared as to those two Treasons and Mischiefs was principally from the Pope and his Popish Instruments who maintained and averred the lawfullnesse of deposing and murthering Christian Princes excommunicated or deprived by the Pope by their Subjects or any other Against which mischife this Oath and Statute principally provides it being contrary to the Doctrine and Practise of all Protestant Churches and Subjects But can any man argue This Oath provides against the deposing and murthering of our Kings by the Pope or Popish Subjects or Parliaments by any influence or authority from the Pope Ergo it is lawfull for Protestant Subjects and Parliaments to depose and murther their Kings without infringing this Oath Doth not that Law and Oath which provides against the greatest and most likelyest Assassinates and Deposers of our Kings provide likwise against the lesser and more unusuall and is not a Protestants deposing and murthering of his Prince as treasonable as unlawfull as a Papists yea and farre worse in this respect because it hardens and justifies them therin scandalizeth
and crosseth the very practise and principles of the protestant Religion If so then both are alike within the intent and meaning of this Law and Oath though the Pope and his instruments be pincipally intended 2dly These clauses in the Oath That the Pope neither by himselfe nor with any other hath any power or authority to depose the King c. That I will bear true Allegiance to his Maiesty his Heirs and Successors and him and them will defend to the utter most of my power against all attempts whatsoever a universall affirmative from or by the Pope or any others which shall be made against his or their persons their Crown and Dignity by reason or colour of any such sentence or Declaration or otherwise Which last words in the dis-junctive coupled with the former generall ones and compared with the following clause And that neither the Pope nor any person whatsoever hath power to absolve me from this Oath or any part thereof c. and with the first branch of it I do truly and sincerely acknowledge professe testify and declare in my Conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightful King of this Realme and of all his Majesties Dominions and Countries with this addition that all Protestant Subjects are enjoyned to take this Oath as well as Papists and more especially every member of the Commons house of Parl. without taking whereof he is utterly disabled to be a Member Doe infalliby evidence that this Law and Oaths related not only though principally to the Popes Usurpations in this Realm but to all other Subjects usurpations to depose or murther the King by any usurped or pretended Authority or High Court of Justice whatsoever But that which clears it unanswerably is this That this very Act provides That every Gentleman or person of higher degree or any person or persons which hath born or shall bear any Office or place of Captain Leiutenant or any other place charge or Office in Camp army or Company of Soldiers or Conducters of Soldiers shall goe or passe voluntarily out of this Realme to serve any forreign Prince State or Potentate be it Protestant or Popish before that he shall become bound by obligation with two such suertyes as shall be alowed of by the Officers therein limited to take the same Bond unto our Sovereign Lord the Kings Majesty HIS HEIRES and SUCCESS●R in the sum of ●wenty pounds of currant English money at the least with condition to the effect following shall be a Felon The Tenour ●f which condition followeth viz. That if the within bounden shal not at any time thereafter be reconciled to the Pope or Sea of Rome nor Shall enter into or consent unto any practise plot or conspiracy whatsoever against the Kings maiesty his heirs and Successors or any of his or their Estate or Estates Realmes or Dominions but shall within convenient time after knowledg thereof had reveal and disclose to the Kings maiesty his heirs and Successors or some of the Lords of his or their Honourable Privy Councell all such practises plots and conspiracyes that then the said Obligation be voyd Which condition being generall extending to any Plot practise or conspiracy whatsoever against the King His Heirs and Successors or any of his or their Estate or estates Realms or Dominions without any limitation to the Pope or other sorraigne Prince State or Potentate or to popish Recusants only and reaching as well to plots practises and conspiracies by any Subjects whatsoever as well within the Realme as without be they protestants papist or whatsoever Sect or Religion fully clears and proves the Oath of Allegiance to extend though principally to the pope and forraign Princes and States and their Treasons and Conspiracies yet only unto them but likewise to the Treasons Plots Practises conspiracies by any subjects whatsoever within the realm to the presert disloyal votes acting Iesuitical proceedings of the members now sitting Thirdly For the pretended perverting of the words of this oath by Mr. Prynne viz Nor any other for nor with any other It is but the Printers oversight omission Nor doth it alter the sence in substance For if the Pope cannot joining with any other suppose the Members now sitting in the Commons house or the high Court of Iustice lawfully depose nor murther the King then certainly those Any other cannot lawfully depose nor murther him without the Pope within the true meaning of this Oath under pain of deepest perjury and Treason to boot which I desire this Pamphletter now seriously to consider if he hath any honesty or conscience lest within him 6thly What is objected out of Mr. Prynnes Appendix p. 14 is already sufficiently answered and cleared in the first and second section and there is nothing in it which can justifie the late triall arraignment and condemnation of the King in the least degree triable by no law of God or man by such an usurped and illegall Iurisdiction amounting to Tyranny in the superlative Degree And for the condemnation and beheading of Mary Queen of Scotts it was not by her own Parliament and Subjects in her own Kingdom for any Treason against them but for Treason committed in England against Queen Elizabeth where she was a Subject and no Queen at all and that by a surprise as some relate 7thly To that objected p. 15 Touching the name and Title which WILLIAM PRYNNE the Member is pleased to give to the Parliament he meanes the 45 Commons who are no Parliament now sitting calling it A present unparliamentary Iunto I William Prynne the Barrester do call to mind that when the King and divers of the Lords and Commons in the beginning of our late Troubles had deserted the Parliament I did then in my said first Part of the Soveraigne Power of Parliaments p 43 44 maintaine and prove That the remaining part was a Parliament notwithstanding the personall absence of the rest and that as long as those absent are Members of the Parliament they shall still be legally present whether they will or no. To this Mr. Prynne the Member answers First That what he hath written as a Barrester in these two Pages of his First Part will prove fatall to this Pamphletter and his Junto now sitting if well considered and truly recited For first he there proves That there can be no Parliament without the King who ought to be alwayes personally present in or neare his Parliament which he hath more fully manifested as a Barrester in his Plea for the Lords p. 7. to 13. by many Authorities and Records The 45. Commons therefore now sitting without the Lords and their Fellow Members concurrence and against their Votes having illegally and trayterously condemned the King to loose his Head and acting as an intire Parliament without the King Lords or their Fellow Members can be no Parliament at all but a meer unparliamentary J●nto by Mr. Prynne the Barresters Resolution to