Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	act_n	king_n	parliament_n	4,616	5	7.4258	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

it that will needs make Presidents to be rules and patternes Sure when we said That some Presidents were such as that they ought not to be rules for us to follow we might by any ingenious Reader with much more probability beene thought to have intended those of deposing Kings then to have said that with duty and modesty Kings might be disposed because we affirmed that we had not suffered such things to enter into our thoughts And although they would perswade his Majesty that there is little confidence to be placed in our Modesty and duty yet as God is witnes of our thoughts so shall our actions witnesse to all the world that to the honour of our Religion and of those that are most zealous in it so much strucken at by the Contrivers of that Declaration under odious names we shall suffer more from and for our Soveraign then we hope God will ever permit the mallice of wicked Councellors to put us to and though the happines of this and all Kingdomes dependeth cheifly upon God yet we acknowledge that it doth so mainly depend upon his Maj. and the Royall Branches of that Root That as we have heretofore so we shall hereafter esteem no hazard too great no● reproach too vile but that we shall willingly go through the one and undergo the other That we and the whole Kingdome may enjoy that happinesse which we cannot in an orderly way of providence expect from any other fountain or Streams then those from whence were the ●oyson of evill counsels once removed from about them wee doubt not but we and the whole Kingdom should be satisfied most abundantly Therefore Mr. Prynne the Barrester as well as M. Prynne the Member and both Houses of Parliament too are point blanke against the present arraigning deposing and executing of the King condemning it as a Popish and Iesuiticall Practise never owned but disclaimed by every Protestant Parliament and by this Parliament in two expresse Declarations two solemne Protestations and in the solemne League and Covenant since all which this Pamphleter tooke and assented to as readily as any other Members and therefore cannot excuse himselfe from most detestable prevarication and perjury in violating these his solemne Protestations League and Covenant with his Oathes of Supreamacy and Allegiance to boot which he hath oft times taken the guilt and infamy whereof must rest upon his conscience and eternally cry for vengeance against him unlesse he expiate it by timely and deep repentance Fourthly Mr. Prynne the Barrester in his Epistle to the Reader before his fourth Part thus expresseth himselfe For my own pa●e as I have alwayes been and euer shall be an Honour a Defender of Kings and Monarchy the best of Government whiles it keeps within the bounds which law and conscience have prescribed so I shall never so far degenerate below the duty of a man a Lawyer a Scholler a Christian as to misinforme or flatter either nor yet out of any popular vaine-glory court either Parliaments or people to the prejudice of KINGS IVST ROYALTIES but carry such an equall hand between them as shall doe right to both Injury to neither to preserve and support their just and legall Soveraigntyes jurisdictions Rights within their proper limits without tyrannicall invasions or seditions incroachments one upon another This is Mr Prynne the Barresters sence And in the third Part of his Soveraign Power of Parliaments and Kingdomes page 147. he concludes thus Let Gods curse and mens for ever rest upon all those who are in love with any warre especially a civill within their own dearest Countries bowells Or Dure abuse my loyull syncere Lucubrations to any disloyall sinister designes to the preiudice of their Soveraignes or the States wherein they live which he never published to countenance or encourage any tumultuous REBELLIOUS factions ambitions Trayterous Spirits to mutiny or Rebell against their Soveraigns but only out of a cordiall desire to effect such a speedy honourable safe religious sempeternall Peace between King and Parliament as all true Christian English hearts both cordially pray long for endeavour Ergo Mr. Prynne the Member and Barrester is still one and the same man an assertor of Monarchy and Loyalty and no wayes contradictory to himselfe in any of his writings and Gods curse and mans must rest upon this unpurified Pamphleter for his malicious perverting of his words against their scope and purpose to justifie the deposing and murthering of the King and altering of our Monarchy 5ly Mr. Prynne the Barrester neither in his 4. Part of the Soveraigne Power of Parliaments nor in his Appendix to them hath produced any one President no not of any one Popish Parliament or Kingdome that ever judicially condemned or executed their lawfull King were he never so Tyrannicall impious or flagitious much lesse any Protestant Parliament or Realme who condemne and abhor both the Doctrine and Practise of murthering or destroying their Kings as Jesuiticall Papall impious Heriticall and damnable abjured by the very Oath of Allegiance as he proves expresly Part. 1. p. 1. 2. 3. 4. Therefore Mr. Prynne the Member in his Memento is of the selfe same Judgement as he was in his Soveraigne power of Parliaments in both which this Pamphleter a Member of the high Court of Iustice who condemned the King to death may read his Neck-Verse and fatall destiny if he repent not All other Passages truly quoted out of Mr. Prynne the Barrester to prove the Soveraigne Power of Parliaments and Kingdoms not of a Peece of a Parliament or Kingdome much lesse of a ninth part of a Commons House sitting under a force who are neither a Parliament nor Kingdome Mr. Prynne the Member still averres in this and his owne genuine sence as they are printed in his Books not as they are mangled and misapplied by this idle Scribler to those few Commons now sitting p. 5. 6. c 2dly Whereas he alleageth p. 7. 8. 9. 10. That William Prynne the Member his first Argument against the Iunto is That their proceedings against the King is an Offence within the Statute of 25. E. 3. concerning Treason I William Prynne the Barrester doe remember that in the beginning of this late Warre the Cavaliers used the same Argument against the Parliaments raising Armes and I then made this Answer to it p. 107. of my said first Part That The Parliament and Whole Kingdome being the Highest Power cannot by any publike Acts or Votes of theirs consented to in Parliament become Traytors or guilty of High Treason against the King either by the Common Law or the Statute of 25. E. 3. c. 2. of Treasons which extends not to the whole Kingdom or Court of Parliament representing it of which no Treason was ever yet presumed c. William Prynne the Barrester and Member is still of the same opinion and not repugnant to him selfe who speaks there of a WHOLE KINGDOME AND COVRT OF PARLIAMENT as this * Page 5 6 8 9.