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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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which this Scribler refers And so much the rather because they will quite dissolve this Parliament by putting the King to death For the Parliament being but the Kings Parliament and great Councell and an Authority not an Interest originally called and authorised to sit by the Kings Writ alone which abates and expires by his death and enables not to consult without but only with the King of businesses concerning The King and His Kingdome as these clauses of the Writ import Carolus c. cum NOS de advisemento et consensu Consillij NOSTRI pro quibusdam arduis et urgentibus negotijs NOS Statum defensionem Regni NOSTRI ANGLIAE concernent quoddam PARLIAMENTVM NOSTRVM c. tenere ordinavimus Et ibidem vobiscum c. Regni NOSTRI COLLOQVIVM HABERE c. Quod personaliter intersitis NOBISCVM c. super DICTIS NEGOTIIS tractaiur Et ad faciendum et consentiendum his quaenunc et ibidem de Communi Consilio dicti Regni NOSTRI contegerit ordinari super NEGOTIIS ANTEDICTIS c. The King therefore being put to death the Parliament must of necessity be dissolved by it since it can be no more his Parliament his Councell nor conferre with HIM about HIS and HIS Kingdomes affaires for which they were called and elected to treat of as the Peoples Attorneys or Trustees the King being both the Head the beginning end and foundation of the Parliament which cannot subsist without him no more then a naturall body without an head or an house without a foundation as our * Modus 〈◊〉 Parliamentum Cook 4. I●stit c. p. 1. 2. c. Cromptons Iurisdiction of Courts f. 1. 2. So my Ple● for L●●ds p. 7. to 12. Law books resolve and so was it expresly adjudged and agreed 1. H. 4. rot Parl. n. 1. 14. H. 4. Cook 4. Instit p. 46. 4. E. 44. 44. b. That by the death of the King the Parliament is ipso facto dissolved as all other Courts held only by his Writ or Commission are Neither will the Act made this Parliament in the 17. year of this King To prevent Inconveniences which may happen by the untimely adjourning Proroguing or Dissolving of this present Parliament which enacted That this PRESENT PARLIAMENT now assembled shall not be DISOLVED prorogued or adjourned unlesse it be by Act of Parliament to be passed for that purpose continue this Parliament in being after the Kings death for these reasons First because the scope intent of this Act made before our late Warres was only to disable the King to adjourne prorogue or dissolve this Parl. by any Proclamation or Royall Act of his without the consent of both houses as the very title prologue and close of it resolve But never to continue it still a Parliament in case of the King death against which it never intended to provide it being a legall and absolute dissolution of it by the very fundamentall constitution of Parliaments and the Common Law of the Realme Secondly Because the King is the head and principall Member of this present Parliament and the first person in the enacting Parl. Be it declared and enacted BY THE KING c. and therefore when he ceaseth to be and is cut off the Parliament must of ne● cessity cease to be as well as if the Lords and Commons had all bin dead or murdered by the Army in which case the Parliament had bin ended notwithstanding this Act which cannot make a thing in being which is actually destroyed no more then a dead man to be alive Because it was never the intention of the King Lords and Commons who were all parties to this act to set up a new kinde of Parliament without either King or Lords or the Majority of the Commons house or to vest the Name power and authority of the Parliament in an eight or ninth part of the Commons house alone as now when the King Lords and residue of the Commons were cut off and forced away by the Armies violence Such a thought as this never once entred into their heads Therefore the murthering of the King the laying aside the Lords house secluding of most of the Commons must of necessity dissolve this present Parliament notwithstanding this Act as Master Prynne the Barrester proved long since before he was a Member in his Plea for the Lords p. 14 15. and so much the rather because without them no Act of Parliament can possibly be made this Parliament to dissolve it within the words or meaning of this Act. The Commons therefore now sitting having by their late exorbitant proceedings and cutting off the Kings and Lords too in Mr. Prynne the Barresters judgement disolved this present Parliament and thereby consequently dissolved all Parliament Comittees in City and countrey together with all Ordinances of Parliament and all * Cook 7. Rep. f. 29. 30. 31. Dyer 165. 4. E. 4. 44. 1. E. 5. ● a. 1. H. 7. 2 1. E. 3. 6 7. Commissions of the Commissioners of the Great Seale Iudges of the Kings Courts Iustices of the Peace Sheriffes and the like and the Generalls and all other Officers of the Armies Commissions likewise and put the Kingdome and Army into a miserable confusion Master Prynne the Member conceives he could then and now give them no other Title but that in his Memento which he fears the present age and posterity will have just cause to give them for the miseries they have brought and are like to bring upon them by their Vn-parliamentary and violent proceedings which he doubts wil end in their own ruine Secondly Master Prynne the Barrester in those very Pages proves That not only the KING but all the Lords and Commons ought to be present at the Parliament and fined if they absent themselves without just cause and that all things ought to be acted in Parliament by the Kings Lords and Commons joynt concurrence only he addes That if any of the Lords or Commons when summoned shall wilfully absent themselves that the rest may sit and proceed without them and by the Kings consent make wholsome Lawes for the Common wealth But he neither there nor any where else affirmed that the Lords and Commons could make binding Lawes or Ordinances of Parliament without the King or that the Commons alone could make Acts of Parliament without the Lords as a few of them now they presume or that the eight or ninth part only of the commons house sitting under a force when the rest of the Members are imprisoned secluded and driven away thence by the Armyes violence were a compleat Parliament or House of commons to vote order or act any thing except only to adjourne and take Order to remove the force or that what they voted or acted under a force was valid and binding to their fellow MEMBERS or any others but he expressely affirmes the contrary that whatever is voted or enacted whiles the Parl is under a force is void null
Part 2. p. 86 And that no proceedings ought to be in Parliament when most of the Members are absent or driven away from it Part. 2. p. 7 which he proves more largely whiles a Barrester and be fore he was a Member In his Levellers Levelled and his Plea for the Lords Therefore this Pamphletter hath much abused Master Prynne in this his misquotation and misapplication of his words 3dly Mr. Prynne the Barrester in the first part of his Soveraigne power of Parliaments which this Scribler quotes p. 28. cites and censures the unwarrantable Practise of King Richard the 2d for which he was articled against in the Parliament of 1H 4. when he was deposed * Gr●fton p 329. Mr. Saint Iohns Speech 1640. p 33. 1. H4 n 21. 22. 48. That in the 21 years of his Reigne he unduly packed a Parliament and by his extradordinary armed Guard of 4000 Cheshire Archers over-awed and forced it to Repeal the Parliaments of 10 11 Ri●h 2. and to attaint and condemne the Duke of Glocester Earle of Warwick and Earle of Arundell then likewise executed of High Treason After which adjourning the Parliament to Shrewsbury * 〈◊〉 2● R. 2. c. 12. 16. 1. H. 4. c. 3. Walsingham Hist Angliae p. 394. Gra●ton Holinshed he there subtilly procured an Act to passe by common consent That the power of the Parliament should remaine in some few persons who AFTER THE PARLIAMENT DISSOLVED should determine certaine petitions delivered but not answered therein By colour whereof these Committees proceeded to other things generally touching the Parliament and that by the Kings appointment in derogation of the state of the Parliament and discommodity and pe●nicious example of the whole Realme And by colour and authority thereof he caused the Parliament Rolls to be altered against the effect of the foresaid grant For which cause the said Parliament and all Acts and proceedings therein were nulled and declared void in 1. H. 4. c. 2. 3. This very president Mr-Prynne the Member cites in his Memento p. 9 10. as the nearest p●tterne he could meet with parallell to the present sitting Iunto Who without any Act of Parliament being not above the 9th or 10th part at most of the Commons House and sitting under an Armed force have taken upon them not only the name and power of the whole Parliament to alter null repeal Votes Orders and Ordinances made in a full and free House Vote out their fellow Members and lay aside the Lords House but likewise presumed to repeal old and make new Acts of Parliament to erect a new High Court of Iustice to try condemne and execute the King himselfe without any witnesses legally and publikely produced against him to adjourn and put off the Terme it selfe to the great obstruction and delay of Justice to order a new Great Seale of England to be made without the Kings Effigies or Motto to alter all the ancient Writs formes and proceedings at the Common Law in the Kings name and Stile to enact Commissions of Judges Sheriffs and Justices of Peace and the like to continue after the Kings death which are absolutely * Cook 7. Rep. 30. 31. Dyer 165. a. null and expired by it to enact and proclaine it to be High Treason for any man to proclaime Prince Charles King of England after his Fathers death who is King of England Scotland France and Ireland immediatly after his Fathers execution as is adjudged by all the Judges of England in Calums case Cook 7. f. 10. 11. and Cook 3. Instit p. 7. 1. ●ac ch 1. though bound thereto by the Common Law the Oathes of Supremacy and Allegiance the solemne League and Covenant and the Statute of 1. Jacobi ch 1. Wherein the Lords and Commons in full Parliament where All the whose body of the Realme and every Particular Member thereof were either by person or representative by the Lawes of the Realme deemed to be present did with all possible publike joy and acclamation as A memoriall so all posterities among the Records of the High Court of Parliament for ever to endure of their Loyalty obedience and hearty and humble 〈◊〉 publish declare and ENACT That they being boun●en there unto both by the laws of God and Man did recognize and acknowledge that the Imperiall Crowne of the Realme of England and of all the Kingdomes Dominions and Rights belonging to the same did immediatly by inherent birth-right and lawfull and undoubted Succession discend and come to his ●ost excellent Maiesty 〈◊〉 being Lineally Justly and lawfully ne●t and sole Heire of the blood Royall of this Realme And that by the goodnesse of Almighty God and lawfull right of Discent his Majesty was of the Realmes and Kingdomes of England Scotland France and Ireland the most mighty and potent King and thereunto they did most humbly and faithfully submit NOTE and oblige themselves their News and Posterities for ever until the last drop of their bloods be spent Beseeching his Maj●sty to accept of the same as the first fruits in that High Court of Parliament of their loyalty and faith to his Maiesty and his royal progeny and posterity for ever And to Vote and declare High Treason to be no Treason and Loyalty and Allegiance it selfe to be High Treason contrary to all rules of Law Justice Honesty Religion Reason Conscience and * 1. H. 4. c. 10 1. ● 6. c. 1● ● 1 Ma●iae c. 1. Cook 3. Inst●t p. 2. 21. 22. 23. expresse Acts of Parliament to terrifie and scare poore ignorant people from their Loyalty and duties when as all wise men admire decide scorne such pittifull exorbitant Bulls and Bugbeares which will affright themselves most at last when Scelera sceleribus ●●enda Licentia scelerum est quae regna invisa tuetur and armed violence be grown out of date as they will no doubt ere long And then this Iuncto will wish with all their souls but over late they had harkned better to Mr. Prynnes timely M●mento which will then rise up in judgement against them and this Pamphletter to condemne and leave them without the least excuse Upon the whole matter then it will appear to all the world That Mr. Prynne both as a Barrester and Member is semper idem and no Changling turn-coat or Apostate from his first principles and Engagements as this perjured Pamphetter is to whom he wisheth more Grace Truth Honesty and lesse Deceit Falshood and Hypocrisy in his heart and next Impressions wherein he expects he will answer the principal Considerations in his Memento with the Declarations Remonstrances Protestations Petitions Promises of both Houses and the Solemn League and Covenant therein recited to which he hath not in this Pamphlet attempted to return the last shadow of an Answer such a worthy Champion hath he shewed himself and so unable to encounter his Antagonist Mr. Prynne either as a Barrester or Member of the Commons House Who having written more then any man in def●nce of the Soveraigne Power of Parliaments and Kingdoms considered only as they are rightly constituted and qualified is thereby engaged more then any man to oppose the abuses extravagances unparliamentary disloyall Proceedings of any who shall presume to wrest abuse and pervert his Loyall Orthodox writings contrary to his sence and meaning to justifie their unwarrantable illegall Tyrannicall and Treasonable Actions as this Pamphletter and some others of late have done POSTSCRIPT COl P. is credibly reported to be the Author of Prynne against Prynne by divers yet others report that his Sonne in Law Mr Abb●t a Member is the Author and the Col. only the surperviser of it at the presse● however it is agreed by all that one of them is the Author and the Col. owning it at the presse I must repute him the Father of this spurious birth FINIS