Decemb. 1648. in the Hall they did think fit and agree that to avoid Tumult about 12. or 14. of them in the name of the rest if freely admitted without any seclusion or engagement should in a friendly manner desire to know of them Upon what account they did now sit there thus sodainly and unexpectedly without giving any convenient notice or summons to all the rest of the Members to sit with them If only by vertue of the Act of 17 Caroli ch 7. thus penned Be it enacted and declared by the King our Soveraign Lord with the Assent of the Lords Commons That this present Parl. now assembled shall not be dissolved unless it be by Act of Parliament to be passed for that purpose Nor shall any time or times during the continuance thereof be prorogued or adjourned unless it be by Act of Parliament to be likewise passed for that purpose And that the House of Péers shall not at any time or times during this present Parliament be adjourned unless it be by themselves or their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjouâ—ned unless it be by their own Order And that all and every thing or things whatsoever done or to be doue for the adjournment proroguing or dissolving of this present Parliament shall beutterly void and of none effect Then they intended to send for the rest of the Members walking in the Hall to come in unto them and to move that all surviving Members of this Parliament might by joynt consent particularly be sent to and invited to meet and sit in the House at a convenient day before any Vote or Order passed by theÌ„ then sitting thus sodainly convened without any notice which would be interpreted rather a surprize and un-Parliamentary practice both by the absent Members and the whole Nation than any obliging Parliamentary Vote or Order of the House and more discontent than invite the absent unsummoned Members unto them making the publike rent greater than before And when they were there assembled that in the first place they might freely fully debate this Question wherein there were different Opinions between the Members themselves and other learned Lawyers Whether this Parliament was not actually dissolved by the late Kings forcible death which is clearly M. P. his opinion formerly published Or Whether it was not still in being by vertue of this Act notwithstanding the Kings death or any other thing or things done already by the Army-Officers or others for the adjourning proroguing or dissolving thereof If it should upon such debate be Voted by the Majority of the House to be really and legally dissolved they held it their duties and theirs now sitting to acquiesce therein and act no farther as a Parl. But if voted still in being they all held it their duty to sit and joyn their best Counsels and Endeavours to settle the Government Peace Safety of our distracted Church and Nations now more shaken unsetled endangered in their apprehensions than ever and would submit their private contrary Opinions in this as in all other Votes to the over-ruling Judgement of the whole House as the only hopefull way to revive the antient Constitution Rights Privileges of Parliament and resettle us upon lasting foundations of Peace and Prosperity Upon these Resolutions alone none other which Mr. P. intended to propose to those then sitting he went to the Lâ—bby door of the Commons House accompanied with Sir George Booth Mr. Arthur Annesley Sir Iohn Evelyn Mr. Th. Gewen Mr. Charles Rich Mr. Mountague Mr. Ri. Knightly Mr. Hungerford and one or two more which being shut to keep out the people crowding on the stairs to get in through whom they could hardly pass M. P. knocked twice or thrice but could get no admittance till the doer being opened to let out M. Nye som other Ministers Mr. P. with Sir Geo. Booth and Mr. Annesly being formost pressed into the Lobby and then the door being shut bolted again Mr. P. unbolted held it open till the rest came in where they finding Mr. Iohn and Mr. Iames Herbert standing in the Lobby acquainted them with their intentions to go then into the House who resolved to go in with them Coming all up towards the House door which was shut and kept Guarded as it presently appeared by som Officers of the army Mr. P. required them to open the door to let them in being all Members of the old Parliament who thereupon demanded Whether they had continued sitting in it since 1648. to 1653 M. P. the rest all answered That being Members of the old Parliament they would give no account to theÌ„ or any others of their sitting but only to the House it self wherof they were Members being contrary to the Privilege of Parliament which they others were obliged inviolably to maintain Upon which demanding their names they said that if they would send in a Note of their names to the House and they ordered them to come in they should be admitted Whereto Mr. P. replied We yet knew not who were within the House nor whether they were yet sitting nor upon what account they sate nor was it agreeable with the Custom or Privilege of Parliament for one Member to send tickets to his fellow Members for free admission into the House being all equals and having an equal right freely to enter into it at all times as well as they nor was it their duty thus to capitulate with Members but obey their just commands in opening the door Which they â—till refusing Mr. P. demanded Who and what they were being all strangers to them and by whose authority or order they thus forcibly kept them out They answered they were Officers of the army and had sufficient Authority to keep theÌ„ out if they had not sate since 1648. till 1653. Mr. P. demanded From whom they had their warrant since they could have none from those within being but newly entred and none else could give theÌ„ such a warrant nor they within before they heard them and gave good reason for it demanding them to produce their Order if they had any in writing that they might know by whose authority they were thus forcibly kept out demanding their several names twice or thrice wherwith they refused to acquaint them Upon this M. P. told them They doubted of their Authority Orders thus to seclude theÌ„ because they were either ashamed or afraid to tell theÌ„ their names when as they told them theirs That they knew not whether they were Officers of the Army or not unless they knew their names that so they might inquire the truth of it or saw their Commissions And if they were Army-Officers indeed they had published a printed Decl. in all their names that morning inviting as they conceiv'd all Members they formerly secluded to return sit again in the House to discharge their trusts wherin they professed
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 pernitious 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 declaring themselves alone to be the Parliament of England beheading the King himself their 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 Felow-Members then and now again by the Armies power and sitting under their force which by their own Declaration of August 6 and the Armies in pursuit thereof August 8. the Speakers Letter Iuly 29. 1648. yea Sir Arthur Haslerigges 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 exploded 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 acting 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 frequently 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 Iunii 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. Iacobi 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 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 Prâ—ces 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 authoriâ—y 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 aâ—isamento Consilii nostri 3ly It stiles it quoddam Parliamentum nostrum 4ly That the occasion of calling it was about certain arduous businesses Nos et defensionem Regni nostri Iura coronae nostrae c. in many antient writs contingentibus 5ly That his intention in calling it is Quia cum Praelatis 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 Nobiscom 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 supeâ— 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 â— 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 orâ—inati 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 facto 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 Us 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 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 Us not our heirs or successors to give Us 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 Us concerning the foresaid businesses relating to Us 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 Iudges Iustices 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 acts 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 Offiâ—ers 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 Iudges 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 Iacobi 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 Declaration 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 Iure 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 Parliamen of their mock-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 Iohn 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 Iealousies Apprehensions of divers of his Majesties Subjects that this present Parliament may be adjourned prorogued or dissolved 1. before Iustice 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 Northern parts not their subsequent Armies and the supply of his Maiesties present and urgent occasions not their own and the Fears Jealousies and Apprehensions 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 fitting 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 prorogued dissolved 1. Before Justice shall be duly executed upon Delinquents then in being and complained of as Strafford Canterbâ—ry
the Ship-mony Iudges and others not new Delinquents since not then dreamed of 2ly Before publick Grievances redressed those 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 after 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 Ireland 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 preventtng vexatious proceedings touching the order of Knightship for the abbreviation of Michaelmas 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 freely 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 theÌ„ now remaining to be performed all acted â—ince 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 Thaâ— 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 explain 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 Iun. 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 and their own destruction therein By all which passages it is apparent That this act provided against every thing or things done or to be done by the Kings Will or Prerogative without the Houses consent for the dissolution of this Parl. not against its dissolution by his death 8ly The King and his party too did thus interpret it more than once in these passages In his Majesties own Answer to the Declaration of the Lords and Commons of 19 May 1642. We expressed a great trust in our Houses of Parliament when We devested our Self of the power of dissolving this Parliament which was a Iust Necessary and proper Prerogative to wit when done by vertue of his Prerogative which this Act devests him of not by a Natural much less a Violent death No part at all of this Prerogative but highest Act against it to its and his dissolution In his Answer to the Petition and Propositions of both Houses 2. June 1642. We were willingly contented to oblige our Self for the present exigent to raise monies and avoid the pressure no less grievous to us than them the people must have suffered by a long continuance of so vast a charge as two great Armies and for the greater certainty of having sufficient time to remedy the Inconveniences when during so long an absence of Parliaments as for the punishment of the Causers and Ministers of them We yielded up our Right of dissolving our Parliament expecting an extraordinary moderation from it in gratitude for so unexpected a Grace and little looking that any Malignant party should have been encouraged or enabled to have perswaded them First to countenance the Injustices and Indignities we have endured and that by a new way of satisfaction for what was taken from us to demand of us at once to confirm what was so taken and to give up almost all and now more than all the rest And in his Answer to their Petition of 10 Iune 1642. For that part of the Petition which seemed to accuse his Majesty of a purpose to dissolve this Parliament contrary to the Act for the continuance by commanding away the Lords and Great Officers whose attendance is necessary which his Majesty knows to be a new Calumny by which the grand Contrivers of ruine for the State hope to seduce the minds of the people from their affection to and jealousies of his Majesty as if he meant this way to bring his Parliament which may be the case of all Parliaments to nothing It is not possible for his Majesty more to express himself thereunto and his resolution for the Freedom Liberties and frequency of Parliaments than he hath done And who now considers how visible it must be to his Majesty â— that it is impossible for him to subsist without the affections of his people and that these affections cannot possibly be preserved or made use of but by Parliaments cannot give the least credit or have the least suspition that his Majesty would choose any other way to the happiness he desires to himself and his posterity bnt by Parliament From all which premises it is apparent That the King himself and both Houses of Parliament did never intend by this Act to prevent the dissolution of this Parliament by the Kings natural death the Act of God they could not prevent nor yet by his violent beheading which then they neither intended nor foresaw but by his own voluntarie Act and Royal prerogative by which he formerly adjourned prorogued dissolved Parliaments at it his pleasure 9 ly It is resolved in our Law-books That if an Act of Parliament refer to or confirm a thing which is not or a thing which is utterly against Common law Reason Justice as for a man to be a Judge or Witnesse in his own case or a thing that is mis-recited or repugnant or impossible to be performed there the Common-law shall controll and adjudge such an Act to be meerly void Plowdon f. 398 399 400. Cook 8 Reports f. 118. a. b. Ash. Parliament 13. Hobards Reports p. 85.86 87. But it is repugnant to Reason Justice Nature the intention of the Writs of Summons yea a thing impossible that the King should treat and confer with his Parliament after his death or the Parliament not determine by it Therefore were it particularlie provided for by this Act it had been void in Law as if this Act of Parliament had declared That a mariage between man and wife shall not be dissolved by the death of either of them but continue indissolvable by death against Nature experience Scripture Rom 7.1 2 3. much more then when not expressed nor intended by this Act as the premises evidence Xly. Admit the Parliament still continuing by this Act yet those now sitting neither are nor can be so much as an House of Commons much less the Parliament within that Act for these unanswerable Reasons 1. The House of Commons within this Act were a full and compleat House consisting of above 500 Members those now sitting in May 7 9. but 42. viz. Mr. Will Lenthal Quondam Speaker Henry Martin Lord Monson Mr. Chaloner Mr. Heningham Alderman Atkins Alderman Penington Th. Scot Corn. Holland Sir Arthur Hasletigge Sir Henry Vane Sir Iames Harrington Mr. Whitlock Mr. Prydeaux Mr. Lisle Col. Ludlow Mich. Oldsworth Iohn Iones Wil. Purefoye Col. White Henry Nevil Mr. Say Mr. Meston Mr. Brewster Col. Bennet Serjeant Wilde Mr. Goodwin Mr. Lechmore Col. Ingoldesby Mr. Blagrave Mr. Gold Col. Sydenham Col. Byngham Col. Ayre Mr. Smith Augustine Skinner Mr. Down Mr. Dove Iohn Lenthal Rich. Salaway Iohn Corbet Col. Walton there being 300. Members more of the old Parliament yet living besides those who are dead 2ly Those then sitting went in openlie like a House upon 40 daies general Summons by Writs setting without Gards secluding none of their Fellow Members by force Those now sitting stole sodenlie into the House in a surreptitious manner without any notice given to the people of the Nation or to those for whom they formerly served or to the
Exorbitances Insolencies they have hitherto suffered by their own armed hirelings and are the saddest symptomes of our approaching imminent desolation if not speedily repented redressed ere it be over late 2ly To pursue these Gospel advises 1 Cor. 16.13 Watch ye stand fast in the Faith quit ye like men be strong Gal. 5.1 Phil. 1.27 28. Stand fast in the liberty wherewith Christ hath made you free and be not intangled again with the yoke of Bondage in one Spirit striving together with one mind for the Faith of the Gospel the fundamental Laws Liberties Government Privileges of the Nation And in nothing terrified by your Adversaries which will be to them an evident token of perdition but to you of salvation and that of God 3ly Do you all now publickly resolutely constantly unanimously according to the tenor of the Solemn League and Covenant claim assert vindicate and endeavour to preserve with your Lives and Fortunes the Reformed Religion Worship Doctrine of the Churches the Rights and Privileges of the Parliaments the Laws and Liberties of the Kingdoms of England and Scotland and the Kings Majesties Person Authority and Posterity in the defence and reformation of the true Religion and Liberties of these Kingdoms And with all faithfulnesse endeavour the discovery of all such as have been are or shall be Incendiaries Malignants or evil Instruments by hindring the Reformation of Religion dividing the King from his People or one of the Kingdoms from the other making any factions or parties among the People contrary to this League and Covenant that they may be brought to publick Tryal and receive condign punishment assisting defending each other in the maintenance and pursuit thereof without any division withdrawing defection or detestable indifferency or neutrality whatever For which end in a brotherly friendly christian yet stout and resolute manner demand publickly of the General Counsel of Army Officers and their Westminster Conventicle 1. By what lawfull Commission Authority or Warrant from God our Laws or the generality of the people of England whom they have voted the Supream Authority and whose Servants they pretend themselves they have formerly and now again forcibly secluded the whole House of Lords and Majority of the Commons House from sitting in our Parliamentary Counsels or the Old Parliament if yet in being and made themselves not only a Commons house but absolute Parliament without a King or them contrary to the very Letter scope of the Act of 17 Car. c. 7. by which they pretend to sit 2ly By what Authority they presume to turn our most antient glorious famous honourable first Christian Kingdom into an infant base ignoble contemptible Sectarian Free-State or Commonwealth and disinherit our hereditary Kings and their Posterity against all our Laws Statutes Declarations Remonstrances Oaths Vows Protestations Leagues Covenants Customs Prescription time out of minde Liturgies Collects Canons Articles Homiliâ—s Records Writs Writers and their own manifold obligations to the contrary for their inviolable defenâ—e support and preservation only in pursuit of the Jesuites Popes Spaniards and French-Cardinals forecited plots And who gave you this Authority The rather because the whole English-Nation and High Court of Parliament wherein the whole Body of the Realm is and every particular Member thereof either in person or representation by their own Free-elections are deemed to be present by the Laws of the Realm did by an expresse Act 1 Iacobi c. 1. worthy most serious consideration with all possible publick joy and acclamation from the bottom of their heart recognize and acknowledg as being thereunto obliged both by the Laws of God and Man that the imperial Crown of this Realm with all the Kingdoms Dominions and Rights belonging to them immediately after the death of Queen Elizabeth did by inherent birth-right and lawfull and undoubted Succession descend come to King Iames as next and sols Heir of the Blood Royal of this Realm And therunto by this publick Act oâ— Parliament to remain to all Posterity they did humbly and faithfully submit and oblige themselves their Heirs and Posterity for ever untill the last drop of their bloods be spent as the First fruits of this High Court of Parliament and the whole Nations Loyalty and Faith to his Majesty and his Royal Posterity for ever upon the bended knees of their hearts agnizing their most constant Faith Obedience and Loyalty to his Majesty and his Royal Posterity for ever After which the whole English Nation and all Parliaments Members of the Commons House ever since and particularly all Members of the Parliament of 16 Caroli continued by the Statute of 17 Car. c. 7. pretended to be still in being did by their respective Oaths of Allegiance Fealty Homage and Supremacy containing only such Duty as every true and well-affected Subject not only by his duty of Allegiance but also by the comâ—â—mandement of Almighty God ought to bear to his Majesty his Heirs and Successors as the Parliament and Statute of 7 Iac. c. 6. declares joyntly and severally oblige themselves To bear Faith and true Allegiance not only to his Majesty but his Heirs and Successors and him and them to defend to the uttermost of their power against all Attempts and conspiracies whatsoever which shall be made against his or their Persons their Crown and Dignity or any of them and to maintain all Iurisdictions Preheminences Authorityes justly belonging united or annexed to the Imperial Crowu of this Realm Which all Members of the long Parl. those now sitting ratified not only by hundreds of printed Declarations Remonstrances Ordinances but likewise by a Religious Protestation Vow and Solemn National League and Covenant publickly sworn and subscribed with all their hands in the presence of God himself and by all the well-affected in these three Kingdoms but by all our ordinary publick Liturgies Collects Directory Articles Homilies Prayers before Sermons in all or most of their Families Closet-Prayers yea Graces before and after meaâ— wherein they constantly prayed to God according to the practise of the Saints in the Old and new Testaments the Primitive Church of God and Heathen Nations of the Church Parliaments of England themselves in all Ageâ— not only for the health life wealth safety prosperity preservation salvation of our Kings and their Realms but likewise of their Royal Issue and Posterity That there might not want a man of that Race to sway the Scepter of these Realm so long as the Sun and Moon shall endure or to the like effect And if they cannot sufficientlie satisfie your judgements consciences in this particular nor answer the precedent reasons in defence of our hereditary Kings Kingship against their Vtopian Republick Then take up the peremptory resolution of all the Elders and Tribes of Israel when oppressed by Samuels Sonnes Mis-Government turning aside after filthy lucre and perverting Iudgement 1 Sam. 8. and say resolutely to them We will have no New Common-wealth nor Vnparliamentary Conventicle to rule
many antient Noble Protestant Families Knights Gentlemen and others both in England Ireland Scotland and of the Royal Protestant Family since our late Warrs Changes of Government Parliaments and extirpation of all our Fundamental Laws Liberties Properties by the Iesuits and their Instruments O let our whole Nation and Republican Members too once shamefully ejected by those now calling them in consider consider consider this over and over and lay it close to heart least closing with the Iesuites now again in this New Convention as they assuredly did in the Old since December 1648. till April 1653. they incurr that sad fate of u King Henry the 4th of France who after the execution of some and banishment of all Iesuites out of France upon Iohn Castles one of their disciples stabbing him in the cheek with an intent to murder him and afterwards recalling favouring flattering them by building a stately College for them entertaining one of them for his Confessor and bequeathing his very heart unto them to be interred with them after his death together with a very large Legacy of Plate and Lands yet they soon after procured their desperat Assassinate and Disciple Ravilliac to stabb him to the heart in the open street in Paris An. 1610. A Just reward for his neglect contempt of his Parliaments timely admonitions in sundry Remonstrances presented to him never to trust or recall them more and the notable Epigram against the Iesuits tendred to him by a true Philopater Anno 1603. wherein there is this memorable passage in relation to their subversion of all antient Fundamental Laws Cuinam Hominum ignotum est Iesuitas nocte dieque Nil meditari aliud quam qua ratione modove Prisca Statuta queant Patriasque evertere Leges Inque locum Antiquis totum in contraria Nobis Iura dare sanctos privata ad commoda Ritus Flâ—ctere nulli unquam quod post mutare licebit c. M. Prynne considering all these particulars and knowing that this sodain re-assembly of the old eiected Republican Members now sitting originally proceeded from the Jesuits projection sollicitation and Anabaptistical Sectarian party formerly combining with them in all their proceedings against the late King at whose execution the Queens own Confâ—ssor was present in a Soldiers habit flourishing his sword when his head was off as well as other Iesuits Popish Priests overjoyed with that spectacle the secluded Members the House of Lords and transformation of our Kingdom into a Commonwealth to accomplish their remaining designs left unfinished proâ—ected in terminis by Father Parsons and the Jesuites and violently pursued in the short Mock-Parliament nominated at Whitehall by the Army-Officers themselves 1653. viz To eradicate the National Church Ministers Ministry of England Advowsons Tithes Glebes with Parochial Churches Chapels as Antichristian and leave not one stone of them upon another Which Iohn Canne the new-voted Diurnall-man in his Voice from the Temple then dedicated to them particularly excited them to with all speed and earnestness as their Generation-work expected required of them by God and all the Saints of the Land To sell all the Crown Colleges Vniversities and Corporations lands yet remaining to support and pay the Iesuited Army kept up so long on purpose to ruine eat us out M. Prynne thereupon held it his bounden duty both as a Mâ—mber Lawyer Englishman and former Patriot of his Countries Liberties against all Iesuitical Vnderminers of them and our Protestant Religion truly fully to discover the same to the whole English Nation Army and those now sitting and to press it home upon their Consciences by this his Narrative whether they will hearkeâ— to believe obey it or not since he was forcibly secluded from doing it by Speech having sufficient warrant encouragement and protection for it as he apprehends from God himself Ezech. 2.4 5 6. and Jer. 1.18 19. For they are hard of face and stiff hearted Therefore Son of man I do send thee unto them and thou shalt say unto them thus saith the Lord. And they whether they will hear or whether they will forbear for they are a rebellious House yet shall know that there hath been a Prophet among them And thou Son of man be not afraid of them neither be afraid of their words though briers and thorns be with thee and thou doest dwell among Scorpions Be not afraid of their Faces nor be dismayed at their Looks though they be a Rebellious House And thou shalt speak my words unto them whether they will hear or whether they will forbear But thou Son of man hear what I say unto thee and O that all the seduced Army Republican Members and their confederates would now hear and obey it too Be not thou rebellious like that rebellious House For behold I have made thee this day a defenced City and an iron pillar and brazen walls against the whole Land against the Princes thereof and the Priests thereof and against all the people of the Land engaged against thee and thy true Good Old Cause And they shall fight against thee by sundry scurrillous Pasquils Petitions Slanders Reproaches and armed secluding Guards but they shall not prevail against thee For I am with thee saith the Lord as well now as in all former Engagements Trials for this Good cause to deliver thée The assurance whereof hath made him so resolute as singly by himself to encounter an whole armed Host and House at once and throuh Gods blessing to rout them in a manner by his bare presence and their Good Old Cause in a great measure by his single Opposition The sole praise whereof he desires to render wholly and solely to the Lord of Hosts and God of the Spirits of all Flesh and not in any kind or part to himself a meer worm and not a man an earthen Vessel yea one of the weak base despised things of the world and a thing that am not whom yet God can and may make use of to confound the things that are mighty and to bring to nought things that are that no Flesh shall glory in his presence and that the excellency of the power might be of God and not of him who hâ—th promised that One of his faithfull people shall chase a thousand and two put ten thousand to flight in a true Good Old Cause and Quarrel for the Lord their God he it is that fighteth for them as he hath promised What then might all the secluded Members and old Lords House do and all the well affected Orthodox Protestants in our three Nations had they but hearts wisedoms courage to joyn their Counsels and endeavours together according to their Solemn League and Covenant to vindicate their true Old Cause and Parliamentary privileges against all inconsiderable Oppugners and Subverters of them Mr. Prynne having neither Wife nor Child to provide for not much to care for and never yet desiring any New Office Advancement or Employment in this present