Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	call_v	great_a	king_n	5,447	5	3.5712	3	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

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

this Kingdome in his Soveraigne Power of Parliaments yet he and the Committee of the Commons House which authotized it doth in the very Title of that Booke in expresse termes condemne the Papists and popish Parliaments of Treachery and Disloyalty to their Soveraignes both in Doctrine and practise and of Trayterous Antimonarchiall ●ractises and attempts upon the Persons Crownes and Prerogatives of their Kings in deposing and murdering them And manifests the Iurisdiction Power and priviledges claimed b● the Lords and Commons not the Commons alone without the Lords or the tenth part of the Commons under the Armies force whiles the rest are imprisoned and secluded by them to be farre more loyall dutifull and moderate then those claimed and exercised by our popi●● Parliaments Prelates Lords and Commons Ergo he refu●es William Prynne a Member of the House of Commons in his breife Memento to the present unparliamentary Iunto wherein he diswades them from their present dislo●all proceedings to depose and execute Charles Stewad their lawfull King as being a Iesuiticall and popish practise contrary to the practise and principles of all protestant Parliaments and the manifold Petitions Remonstrances Declarations Protestations Solemne Leagues Covenants and Engagement of this present Parliament Whether Prynne be against Prynne in this and whether Prynne the Barrester Member be not both unanimous against their proceedings herein let the world this ignorant mistaken Pamphleter now judge Secondly Mr. Prynne the Barrester in the foure first Pages of the first Part of his Soveraigne Power of Parliaments in as positive and earnest manner as can be condemnes and censures the Ies●its and Papists doctrines and practises in deposing and murdering Kings and Princes as treasonable damnable wicked and hereticall and particularly chargeth them for attempting to destroy and murder Hi● Majesty and 〈◊〉 ●osterity as well as Queene Elizabeth and King Iames alleaging many protestant Writers of our owne Church as Doctour Iohn Whi●●● Bishop Iewel Bishop Bilson and others condemning them for this their doctrine and practise which can stand neither with peace nor piety Ergo Mr. Prynne the Member who doth the very same in his Memento are both accorded and not against one another but both against this Pamphleters and his Confederares Iesuiticall popish Assertions and practise Adde hereunto that Mr. Prynne the Barrestet not onely in his Truth triumphing over falshood antiquity over novelty printed by Order of the Commons House 1644. and in his sword of Christian Magistracy supported Anno 1646. hath asserted the Power and Prerogative of Christian Princes and Kings as much as any man in Ecclesiasticall matters but in his third part of the Soveraign power of Parliaments and Kingdomes p. 62 63 determines thus Thirdly Neither is this any parcell of the Controversy between the King and Parliament Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly To deprive them of their Lives or Liberties especially In cold blood when they do not actually nor personally assault their lives or chastityes or for any publike misdemeanours without a precedent sentence of imprisonment or death against them given judicially by the whole State or Realme As in s●me elections and Heathen Kingdome in 〈◊〉 times * where they have such authority to araigne or condemne them for all unan●mously disclaime yea abominate such trayterous practises and Iesuiticall positions as execrable and unchristian Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the person of the King to apprehend or offer violence to Him much lesse intentionally to destroy Him or to resist his owne Personall attempts against them even to the hazard of his life For * S●● 〈…〉 Collection of all Remonstrances c the Parliament and their Army too have in sundry Remonstrances Declarations Protestations and petitions renounced any such intention or designe at all for which there is no colour to charge them when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his legall just soveraigne authority The very words and languages of Mr. Prynne the Member in his Memento who is still consonant to himselfe in both And p. 92. to 98. he addes 〈◊〉 proves * Cook 7. Report 〈◊〉 case of f. 11 P●il●● A●ch de 〈◊〉 Vinda●i c. 17● That hereditary Kings are Kings before their 〈…〉 coronation which is but a ceremony That it is false and 〈◊〉 to affirme that Heredit●ry Kings before their Coronations ti●● they are anoynted are not sacred nor exempt from violence That Saules person was sacred exempt from his Subjects violence not because he was anointed as if that onely did priviledge him but because he was a King appoynted by the Lord himselfe That these texts and speeches of David 1 Sam. 24. 6. 10. c. 26 v. 21. 23. 2 Sam. 1. 12. 16. The Lord forbid that I should doe this thing unto my Master the Lords anointed to stretch forth my hand against him seeing he is the Lords anointed I will not put forth my hand against my Lord for he is the Lords anointed And David said to Abishai when he would have slaine Saul Destroy him not for who can stretch forth his hand against the Lords anointed and be guiltlesse The Lord forbid that I should stretch forth my hand against the Lords anointed For wast thou not afraid to stretch forth thy hand against the Lords anointed Thy blood shall be upon thy head for thy mouth hath testified that thou hast sl●ine the Lords anointed c. Prove That Subiects ought not wilfully or purposely to murder or offer violence to the Person of their Kings especially in cold blood when they doe not actually assault them That David and his men might not with safe conscience stretch forth their hands nor rise up against their Soveraigne King Saul to assault or kill him thus in cold blood without any assault or present provocaetion which had been treachery and unpiety in a Sonne in Law a servant a subiect a successor who slew the Amalekite that came and brought him tidings of Sauls death together with his Crown and bracelet instead of giving him a reward a● he likewise * 〈…〉 put Baanah and Richab to death as Traytors who having murdered King Ishbosheth though his enemy and corrivall instead of rewarding them and hanged up their hands and feet because he reported himselfe had slaine him to gain a reward from David which concludes that it was not lawfull for any of Sauls own men to slay him no not in an exigent by his owne command Aud he concludes That the evasion of Doctor Ferne That Davids dem●●nor c. was extraordinary derogating exceedingly from the personall safety of Princes yea and exposing them to such perils as they have cause to con the Doctor small thankes for such a

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

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