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-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 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
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
motives of it were a vast sum of mony from the Dutch put into his private purse as some report or a desire to ecclipse the Honour power of the Prince of Orange their chief Protector and his Family to banish the late Kings Royal posterity and Adherents out of the Netherlands and leave them no subsistance nor being there amongst Protestants of our and their Religion to force them to seek new Quarters amongst Iesuites Papists and cast themselves wholy on their Charity on purpose to pervert them in their Religion and destroy both their Souls Bodies at once which is visible and irreâ—ragable they being all actually exiled thence by special Articles upon the peace with the Dutch What Protestant can think upon it but with horror as the highest Act of Impiety cruelty barbarisme injustice uncharitablenesse and malice ever yet recorded of any professors of Christianity in the Protestant Religion 2ly His quarrelling with the King of Spain in hopes to gain his Indian Mines and sending such a Fleet with so many thousand English Protestants and Souldiers thither upon the bare project of Gage a Iesuited professed Papist and Spainiolized Priest who had lived there sundry years under the Spanish King as a Priest all whose family and relations have been desperate popish enemies to our Religion King Kingdoms with the disasterous successe and fruits thereof to the expence of such vast sums of our own Treasure the loss of so manie thousand protestant Souldiers Mariners and undoing endangering of our other American plantations if rightly weighed was in truth rather a Spanish and Iesuitish plot to ruine us and our religion than to advance them as Mr. Prynne at first reputed them predicting the ill event before it happened 3ly His closing with France and the French-Cardinal Mazarine upon the breach with Spain of purpose to banish poor distressed K. Charles whom he drove out his 3 Protestant Kingdoms banished out of Holland deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance and banish his Brother the Duke of York who had a command great repute in the French Army with all their Dependents out of France too that he might the more securely establish himself and his posterity in their hereditarie Kingly power dominions and leave them no place to hide their heads in the effect and chief end of that peace and that in pursuit of Cardinal Richelieus forementioned Instructions to ruine our Monarchy Kingdoms and work his infernal designs against us was such an inhumane unchristian policy as verie ill accords with our Saviours expresse precepts Mat. 5.44 c. Lu. 6.27 c. Rom. 12.20 21. But I say unto you love your Enemies Therefore if thy Enemie hunger feed him if he thirst give him drink Be not overcome of evil but overcome evil with goodnesse And a President hardlie paralleld Alaâ— how shall the memorable Heroick charity generosity pietie justice of our Norman Conqueror King William censured by this new Conqueror and his Army Saints as the worst of Tyrants in sundry Pamphlets and of his Sons William Rufus and Henry 1. towards Edgar Atheling Heir to the English Crown after the death of Edward the Confessor when hee took it from him by the Sword under pretext of King Edwards last Will and being next Heir to him in blood not as a Conquerour by war Who though after his Oath of Homage Fealty and Subjection to William twice set up as Heir to the Crown by the English Nobility in opposition to him twice routed by him in the Field driven into Scotland and quite left destitute of forces friends and supplyes to gain the Crown yet upon his repair to him in Normandy without any precedent Articles for his securitie Anno 1069. he not only pardoned his former insurrections but gave him a large gratuity entertained and lodged him in his own Court divers years allowing him a pound of Silver for his honourable maintenance everie day a great sum in that Age After which when he desired to go into Apulia to the holie wars Anno 1089. he furnished him with many Ships and 200 Souldiers whence he returning after the losse of Robert his chief Commander and best men though the Emperours of Greece and Germany whom he visited in his recesse thence honourably received and profered to entertain and maintain him in their Courts according to the greatnesse of his birth all his life time yet he contemning to their proffers out of a desire to enjoy his native Country returned into England where he was courteously entertained by William the Conqueror as before till his death After which Edgar fiding with Robert Duke of Normandy his eldest Son against William Rufus the younger he thereupon Anno 1091. deprived him of all the honours conferred on him by Robert and banished him out of Normandy into Scotland But afterwards upon the accord between the 2 Brothers touching the Crown and peace with Scotland he was reconciled to King Rufus and returned into England where he lived securely without the least restraint and was in so great favour with Rufus that in the year 1097. he sent him as General into Scotland with an Army to restore his Nephew Edgar Son of Malcomb who maried Edgars Sister to the Crown which his Uncle Dufnald had invaded after Malcombs death to expell Dufnald and make Edgar King Which having effected he returning again into England lived there quietly without the least danger or restraint all Rufus his reign and some years under King Henry the first betaking himself in his old Age to a retired private Country life and dyed in peace as our Historians then living record Oh that there were the like Charitie Ingenuity Christianitie Piety in the Saints of this Iron Age against whom these 3. first Norman Kings shall rise up and condemn in the day of judgment when Christ himself will pronounce this heavy sentence against them for all their pretended Saint ship Depart ye cursed into everlasting fire prepared for the Divel and his Angels for I was an hungred and you gave me no meat I was thirsty and you gave me no drink no not out of my large hereditarie Revenues of three Kingdoms you have forcibly invaded against your Oaths I was a Stranger and you took me not in no not into my own Protestant Realm Court out of which you thrust me by violence neither would you permit those of Holland and France where I was a Stranger to take me in but inforced them to banish and cast me out after their former entertainment of me as a stranger I was naked but ye cloathed me not but stripped me and mine stark naked out of our Inheritances Wardrobes and all we had sick and in prison into which you cast both me and mine and you visited me not yea made it High Treason for any to do it or so much as to pray for me in this my distressed condition
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
him but was denied entrance unless he would give his paroll presently to come out again and not stay in whereupon he said Though they had often broken their parolls with them yet he would not break his parol but would come forth so soon as he had spoken with M. P. which he accordingly performed After this Mr. P. had conference with divers Members as they came in who said they were glad to see him in health and meet him there again The House being thin M. P. turned to the Statute of 17 Caroli c. 7. reading it to himself and after that to two other Members telling them it was a doubt whether the old Parliament was not determined by the Kings death notwithstanding that Act which was fit to be first freely debated in a full House before ought else was done Upon which they demanded Why he came amongst them if he made a scruple or thought it to be dissolved Who answered to have it fully debated and resolved in a full and free House After which Sir Arthur Hasterigge coming in Mr. P. saluted and told him He was glad to meet him again in this place who presently answered he had nothing to do to sit there as a Member being formerly secluded Whereto he replyed he had as good right to sit there as himself or any other Member whatsoever upon the account of the old Parliament if in being having acted written suffred more in defence of the rights and privileges of Parliament than himself or any sitting with him Upon which Sir Henry Vane coming in and stepping up to them said in a menacing manner Mr. Prynne what make you here you ought not to come into this House being formerly voâ—ed out I wish you as a friend quietly to depart hence else some course will be presently taken with you for your presumption which Sir Arthur seconded telling him If he refused that there would be a speedy course taken and a charge put in against him for his meetings on Saturday and actings against the House To which he replied He had as good if not a better right to sit than either of them That he knew of no Vote to seclude nor of any there who had right or power to vote him out being equally intrusted with themselves for the whole Nation and those he represented That he was never convicted of any breach of his Parliamentarie trust and hoped they would have both the justice and patience to hear before they voted him out And then he doubted not to make it appear themselves were greater Infrinegers of their trusts and more worthy to be voted out than himself As for their Charge and menaces he was no way affrighted with them It being as free and lawfull for him and other Members to meet and advise together both as Members and Freemen of England for preservation of themselves the peoples Rights and Parliaments Privileges when forcibly secluded as they did on Saturday as for themselves or the Army Officers to meet privately and publickly both in and out of the House to deprive them of their privileges as they had oft times done of late That these high menacing words were a very ill performance of their New published Declaration delivered him at the door That they were resolved by the gracious assistance of Almighty God to apply themselves to the faithfull discharge of their legal Trust to assert establish and secure the Property and Liberty of the People in reference unto all both as Men and as Christians which if they should publikely violate null by any unjust charge or proceedings against him who had suffered so much both as an English Freeman Christian and Member too by their 3 years close imprisonment of him without cause or hearing under their new FREE-STATE when first erected and now again upon their very first reviving of it though a Member only for coming into the House and meeting with other Members to claim their rights It would highly reflect upon their intended new Free State and make all out of love with it After which they going up with other Members into the Committee Chamber to consult how to dispose of or get him out of the House about half an hour after they all came down into the House where Mr. P. continued sitting the Speaker being come in the interim they first concluded to goe to prayers then to sit as an House whereupon all taking their places Mr. Prynne took his place too where he usually sat before resolving not to stirr thence which Sir Arthur and Sir Henry observing after some whisperings with the Speaker and others next them though the Cushion was laid and order given to call in the Chaplain to pray yet they countermanded it telling the Speaker It was now somewhat late and they could dispatch little before dinner therefore they would by agreement without any adjournment presently rise and go to dinner and then sit in the afternoon about one a clock and the Speaker in the mean time might dispatch a business he said he must needs doe Vpon which they all rising Mr. P. continued in the House till most of them being about 42. with himself in his computation were gone out lest they should return and sit so soon as he was gone his presence there being the sole cause of their not fitting Mr. Prynne then going out after them found a guard of Souldiers with Halberts at the door and a Troop of Horse in the Pallace Yard which were purposely sent for to keep out the other Members and Mr. P. if he returned as the sequel proved Mr. P. having acquainted some secluded Members in the Hall with these passages in the House who agreeing to send a letter to the Speaker touching their forcible seclusion on Saturday he returned to Lincolns Inne where he dined in the Hall Immediatly after dinner he repaired to Westminster with a resolution to goe into the House if admitted or protest against the force if secluded by the Army Gards there placed he found an whole Troop of Horse in the Palace yard and a Company of Foot on the Stairs and Court of Requests drawn thither to keep him and other Members out whereupon he walked in the Hall til past 3. a clock expecting the Speakers coming with whom he intended to enter At last being informed that he went the back way without the Mace and was gon into the House Mr. P. to avoid tumult a company of unknown persons in the Hall going after to see the issue went purposely forth towards the Abby till all were gone from the steps and then going up only with one of his acquaintance no Member he found the door and stairs before the Lobby strictly garded with Red-coats who with their Halberts crossed the door and steps so thick that none could pass whereupon Mr. P. demanded entrance saying he was a Member and they being ignorant who he was permitted him to pass through their pikes into the Lobby but secluded his friend from
to keep out what Members they pleased Then returning again into the Hall a secluded Member he there met pressing him to know what passed in the Lobby he related the sum of what was done and said which divers pressed about him to hear and some common Souldiers among others who when he had ended his Relation said he was an honest Gentleman and had spoken nothing but truth and reason After which meeting with Colonel Oky in the Hall who came over to transport him from Iersy into England they had some discourse touching his forcible seclusion and the great scandal and ill consequences of it which divers pressing to hear Mr. P. went out of the Hall to avoid Company and meeting with the Member who drew up the Letter to the Speaker perused and signed the fair Copy and so departed to Lincolns Inne without any Company This being an Exact Narration of the truth substance of what passed between Mr. P. the Army-Officers and those now fitting on the 7th and 9th of this instant May both in the Lobby House and elsewhere Mr. Prynne being since necessitated to publish it to prevent and rectifie the various misreports thereof He shall now relate as a Corollary thereunto the true and only reasons then inducing him after earnest Prayer to God for direction and protection in this Grand Affair to press the admission of himself and other Members into the House to correct the manifold contradictory censures of what he then did and spoke Some have been staggared and amazed at it as if he were now turned an Apostate from his former principles acting both against his Judgement and Conscience to cry up and make himself a Member of that old Parliament which he publickly printed to be dissolved above ten years since by the Kings death Others have censured it for a rash foolish and desperate attempt A third sort condemn it as a seditious tumultuous if not treasonable Action prejudicial to the publick peace and settlement deserving severe exemplary punishments A fourth Classis doome it as a scandalous Act dishonorable destructive to our Religion A fifth sort cry it up as a most necessary heroick national zealous Action deserving everlasting honor prayse thanks from the whole English Nation and a necessary incumbent duty as a Member of the old Parliament though legally dissolved being pretentionally now revived against Law Truth by those very Army Officers who six years past ipso facto dissolved and declared it to be dissolved yea have held many new Mock-Parliaments of their own modelling since all proving abortive by forcible ruptures as the long Parliament did It is not in Mr. Prynnes power to reconcile or controll these contradictory censures neither was he ever yet so foolish or vain-glorious as to be any wayes moved with the censures opinions or applauses of other men nor so ambitious covetous as to pursue any private interest of honor profit revenge c. under the notion of publick Liberty Justice Reformation as many have done nor so Sycophantical as to connive at others destructive exorbitances guilded over with specious Titles this being his constant rule to keep a good Conscience in all things both towards God and man Acts 24.16 to discharge his publick trust duty towards God and his Native Country though with the probable hazard of his life liberty estate friends what else may be precious to other men to trust God alone with the success reward of his endeavors to let others censure him as they please to fear no Mortal or power whatsoever in the discharge of his duty who can but kill the Body Mat. 10.23 nor yet do that but by Gods permission being utterly unable to touch the Soul but to fear him alone who can cast both Soul and Body into Hell The only ground end motive inducing Mr. Prynne thus earnestly and timely to get into the House was no wayes to countenance any unparliamentary Conventicle or proceedings whatsoever nor to own those then sitting to be the old true Commons House of Parliament whereof he was formerly a Member as now constituted much less to be the Parliament it self then sitting but to discharge the trust to which he was once â—nvoluntarily called without his privity or solicitation by an unanimous election a little before the last Treaty with the King having refused many Burgesships freely tendred to him with importunity both before his election at Newport and since being never ambitious of any publick preferments which he might have easily obtained had he but modestly demanded or signified his willingness to accept them After his election against his will and inclination he came not into the House till the Treaty was almost concluded and that at the request of divers eminent Members only with a sincere desire to do that cordial service for preservation of the King Kingdom Church Parliament Laws Liberties of England and prevention of those manifold Plots of forein Popish Adversaries Priests Jesuites Sectaries seduced Members Army-Officers and Agitators utterly to subvert them which other Members overmuch or totally neglected coldly opposed or were totally ignorant of What good service he did in the House during that little space he continued in it is fitter for others then himself to relate How fully he then discovered to them the true original Plotters fomenters of that Good Old Cause now so much cryed up and revived how strenuously he oppugned how truly he predicted the dangerous conseqnences of it since experimentally verified beyond contradiction his printed Speech Decemb. 4. 1648. can attest and his Memento whiles he was a prisoner For this Speech good service of his in discovering oppugning the New Gunpower-Treason then plotted and ripened to perfection to blow up the King Parliament Lords Laws Liberties Religion at once violently prosecuted by the force Remonstrance and disobedient practises of the rebellious Army Officers and Souldiers he was on the 6th of December 1648. forcibly seised on at the Lobby-Door as he was going to discharge his trust and caried away thence by Col. Pride and others How unhumanly unchristianly Mr. Prynne seised with other Members at the House door Decemb. 6. was used by the Army-Officers who lodged him them in hell on the bare boards all that cold night almost starved him and them with hunger and cold at Whitehall the next day imprisoned him many weeks in the Strand and after seised kept him by a new Free-state warrant a strict close Prisoner in three remote Castles nigh three years for his Speech in the House against their most detestable Treasons and Jesuitical proceedings against the King Parliament Privileges and Members of it is elsewhere at large related This being all he gained by being a Member and for asserting that true Good Old Cause against the new Imposture now cryed up afresh to turn our antient Kingdom into a New Republick and our Parliament of King Lords and Commons into a select unparliamentary juncto or forty or fifty Members of the old
dissipated House of Commons elected impowred only by the Army not People to act what they prescribe to extirpate King Lords Monarchy Magistracy Ministry Laws Liberties Properties and reduce them all under Jesuitisme at first and our forein Enemies Vassallage in conclusion Mr. Prynne then being most clearly convinced thereof by what he formerly published as a Member in his Speech and Memento and since in his Epistle to a New Discovery of Free State tyranny his Ius Patronatus his historical and legal Vindication of the fundamental Laws Liberties Rights Properties of all English Freemen A new Discovery of Romish Emissaries his Quakers unmasked and in his Republicans Good Old Cause truly and fully anatomised wherin he infallibly demonstrates their converting of our late English Monarchy into a new Common-wealth or elective Protectorship to be the antient projected moddles of Father Parsons and other Jesuites and Tho. Campanella the Italian Frier specially recommended by them to the pursuite of the King of Spain who prosecuted it all he could to promote his universal Monarchy and so much rejoyced at it that he was the first foreign King who presently sent an extraordinary Ambassador to congratulate the accomplishment applaud the constitution of enter into a League of Friendship with it whose flattering panygerick in his Great Catholique Kings name in prayse thereof and what an honour it was to them that he was the first forein Prince that owned them for a Common wealth made the Commons House so intoxicated that they gratified him in all his requests and pursued all his designs only to ruine us and the Netherlands layd down by Campanella De Monarchia Hispanica c. 25 27. by furnishing him with many thousands of Irish forces quarrelling with the Hollanders maintaining above three years bloody wars with them with infinite losse and expence to both Nations taking the French Kings Fleet provisions merely designed for the reliefe of Dunkirk whereby he presently regained it to our prejudice And on the other hand Cardinall Richlieu of France the great Incendiary of Christendome and fomenter of all our Domestick wars in his life the French King and Mazarine by his instructions in writing after his death vigorously pursued this very design His instructions to this purpose recorded by Conte de Galeazzo Gualdo Priorato an excellent Italian Historian are very memorable who relates That Cardinal Richelieu Anno 1642. after he had involved the King Parliament and Ireland in a bloody Civil war being near his death delivered these politick instructions for the King his Master to pursue for carrying on his designs in relation to England with successe That above all other things he should endeavour to keep the Government of Great Britain divided and dis-united by ayding the weaker party that the other might not make it self too powerfull By causing the three Kingdomes of England Scotland and Ireland to be divided either by nominating other Kings elective of another family accomplished by erecting an elective Protector or by moulding them into a Common-wealth as our Republicans have formerly and now done again Yet with this caution That when they are reduced into a Common-wealth so to order the matter That it may not be united into one but divided How punctually Cardinal Mazarine prosecuted these instructions ever since and accomplished them at last the Letters taken in the Lord Digbyes Cabinet printed by the Parliaments order 1646. and O. Cromwels late intimate correspondency with Mazarine discover And how much the Iesuites and Catholicks in France in November 1648. approved applauded the turning of our hereditary Monarchy which they irreconcilably hated envyed as well as the late King and turning the Old Parliament into a new Republican Representative and that all their hopes to effect it were in the Army to whom they wished all prosperity therein you may read in a Letter sent from thence by the Armies Agent to a fitting Republican Member soon after published by Mr. Prynne who got the original Mr. Prynne knowing all this and clearly discovering a fresh combination between the Sectaries Republican Anabaptistical Iesuitical levelling party to pursue their designs afresh and accomplish what they formerly attempted in the short Mock-Parliament of their own election creation Anno 1653. and what was then passionately recommended to them by Iohn Canne the Anabaptist in his Voyce from the Temple dedicated to them as their Generation work which God and all his people then expected and required from them even to extirpate the Church Ministry of England Advowsons Glebes Tithes and demolish all Parish Churches as Antichristian to extirpate the Law root and branch under pretext of reforming and new-moulding it to sell all Corporation and College lands and set up a popular Anarchy or tyrannical Oligarchy among us under the disguise of the Old Dissolved Parliament sitting from 1648. till April 20. 1653. after six years violent ejection of them with highest scorn and reproach yet now invited by them to sit again to effect these Romish designs to our utter Confusion but secluding all those who were like to obstruct or defeat them Upon this consideration Mr. Prynne as a secluded Member of the old Parliamemt wherein he detected oppugned all these Treasonable Designs heretofore and since its dissolution by the Kings beheading held it his bounden duty to prevent defeat them now and nip them in the bud whereupon so soon as those now sitting entred the House he assayed to go into it with as many old secluded Members as he could there being 80 of them in London For although his judgement be that this Parliament is quite dissolved by the Kings beheading as he oft declared in print yet since the Army Officers and those now sitting with sundry others pretend it still in being and under that pretext alone have acted all their publick Tragedies and Innovations he conceived himself bound in Conscience upon their Concessions to endeavour to prevent these mischiefs and do all Publick good he might with better warrant and reason than most Ministers Lawyers Justices Magistrates Members of late Parliaments as they style them have prayed for complyed with acted in under those late Governors Governments mock Parliaments as he is confident some now sitting among them in this new Convention believe it dissolved and yet go in only to prevent and allay those mischiefs which others violently pursue which their own Consciences and our laws resolve them without scruple to be utterly illegal whereas this old Parliament whereof he was a Member was most legallie summoned and convened beyond dispute and hath the colour of a legal Act of Parliament for its continuance which those since have wanted of which Act the greatest part of those now sitting taking advantage notwithstanding their new Instruments Declarations Petitions Advises Addresses and Sessions in other new Parliaments since and it being a great dispute now among most secluded Members whether that Parliament was not yet alive though
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
extraordinarie blessing to the Israelites not only by King David Solomon God himself the people of Ierusalem and the whole Land as you may read in the 1 of Kings 1.36 37 38 39 40 45 46 47 48. c. 2.4.12 c. 3.6 to 15. c. 8.20 25 26 27. worthy perusal but even by foreign Kings and Queens Witness that memorable Letter of Hiram King of Tyre to Solomon 2 Chron. 2.11 12. Because the Lord hath loved his people he hath made thee King over them Blessed be the Lord God of Israel that hath made heaven and earth who hath given to David the King a wise son endued with prudence and understanding that might build an House for the Lord and an house for his kingdom And that speech of the Queen of Sheba to him 1 Kings 10.9 2 Chron 9.8 Blessed be the Lord thy God which delighteth in thee to set thee on his Throne to be King for the Lord thy God Because the Lord thy God loved Israel to establish them for ever therefore made he thee King over them to do Iustice and Iudgement And the Lord magnified Solomon exceedingly in the sight of all Israel and bestowed such royal Majestie Honor and such riches on him and his people too as had not been bestowed on anie King or people before him 1 Chron 29.25 28 30. 2 Chron 1.9 to the end Chap. 9.9 to 30. Neh. 13.26 7ly God himself records by King Solomon Prov. 20.8.26 A King that sitteth in the Throne of Iudgment scattereth away all evil with his eyes and bringeth the wheel over the wicked Prov 29.4.14 The King by Iudgement stablishe◠the Land Yea the King that faithfully judgeth the Land his throne shall be established for ever And he resolves definitively against all Opponents Eccles. 10.17 Blessed art thou o Land when thy King is the son of Nobles 8ly God himself doth specially promise the Succession and Continuance of Hereditarie Kings and Princes as a blessing reward to his people for their obedience to his Commandements and chief means of their perpetual continuance in houour peace and prosperity Jer. 17.24 25 26. c. 22.4 And it shall come to passe if ye diligently hearken unto me saith the Lord to hallow the Sabbath day and do no work thereon then shall there enter into the Gates of this City mark it Kings and Princes sitting upon the Throne of David riding in Chariots on Horses they and their Princes the men of Iudah and the Inhabitants of Jerusalem and this City shall remain and flourish for ever 9ly It is very remarkable that though divers of the hereditarie Kings of Davids posterity were verie wicked and idolatrous yet God himself though King of Kings who setteth up Kings and pulleth them down and disposeth of the Kingdoms of the earth to whom soever he pleaseth by reason of his Oath and Covenant made to David would neither remove nor disinherit them thongh he did very sorely afflict and punish them for their iniquities Ps. 89 3 4 20. to 38. 2 Sam. 7.11 to 18. 1 King 11 12 13 39. Of this we have a memorable Scripture-Presidents 1 King 15.3 4 5 Ahijam King of Iudah walked in all the sins of his Father which he had done before him and his heart was not perfect before the Lord his God as the heart of David his Father Nevertheless for Davids sake did the Lord give him a lamp in Jerusalem to set up his Son after him and to establish Ierusalem Because David did that which was right in the sight of the Lord So 2 Chron. 21.5 6 7. Jehoram reigned 8 years in Jerusalem and he walked in the way of the Kings of Israel like as did the House of Ahab for he had taken the Daughter of Ahab to wife and he wrought that which was evil in the sight of the Lord. Howbeit the Lord would not destroy the House of David because of the Covenant he had made with David and as he promised to give a light to him and to his Sons for ever Which Texts compared with Psal. 131.11 12 13 14. infablibly ratifie these thtee conclusions 1. That as Gods Covenant and Oath made to David and his Royal Posteritie did not determine by Davids death but extended to all his Posterity after him so our Oaths of Fealty Supremacy Allegiance and Solemn League and Covenant made to the late King his Heirs Successors in precise terms determined not by his death but remain to his Royal Posterity and are perpetually to be performed to them uuder pain of highest perjury guilt punishment as is most apparent if compared with Gen. 50.25 Exod. 13.19 Josh. 24.32 Josh. 9.15 18 19 20 21. 1 Sam. 20 16 17 23 42 c. 24.21 22 2 Sam. 9.1 3 c. c. 21.1 to 10. 2ly That the Sinnes and wickednesses of Davids posteritie did not cause God himself to break his Oath and Covenant with them or jndicially to deprive or disinherit them of their Crowns and Kingdom contrary to his Oath and Covenant which he held inviolable and immutable Ps. 89.3 4.34 Psal. 132 11 12. Heb. 6.17 18. Much lesse then may we or any other Subjects who are but men infringe our Oaths Covenants to our sacred hereditarie Kings and their posteritie for their sinnes or wickednesse nor disinherit thē of their Crowns Scepters Lives Realm Ps. 15.4 Ec. 8.2 3ly That a hereditarie succession of Kings in the Royal Line though many of them be wicked is yet a special means ordained by God for the establishment peace perpetuity of their kingdoms and people which else would be unsetled distracted consumed destroyed by civil wars distractions and Usurpers of the Crown destroying murdering one another as the kindom of Israel was after the revolt of the ten Tribes from the house of David whose hereditarie kingdom continued at least 134 years after the total destruction captivity of the Kingdom of Israel whose revolt from the House of David produced nought else but a Succession of very wicked idolatrous Kings and Usurpers endlesse wars miseries publick Idolatry Apostacie from God all sorts of Sins rapines and perpetual Captivity as the books of Kings and Chronicles resolve especially 2 Kings ch 17. In which revolt and rebellion it is observable that all the Priests and Levites and all the Godly men throughout the revolting Tribes of Israel who set their hearts to seek the Lord God of Israel left their possessions and went to Ierusalem and strengthened the kingdom of Rhehoboam the Son of Solomon against the Vsurper Ieroboam as the Scripture records for their honour 2 Chron. 11.13 14 15 16. 10ly Upon this verie reason God himself records that when Athaliah had slain all the seed Royal but Ioash and usurped the Royal Throne for six years space Ioash being but an Infant Iehojadah the High Priest hid him from this Usurper till he was seven years old and then entring into a Covenant with the Captains of Hundreds Rulers and Levites they all assembled at Ierusalem
CARDINAL the same question as his Father once did the King of Spaine when he was almost easilie intreated to have turned to the Faith Catholick How shall I said he ever expect to be King of England if once the English should understand I have turned Catholick To which they easilie gave a satisfactorie resolution telling him That as the case now stood he must never look to be admitted but by fire and sword the main force of Armes must make way for him neither could he in the least atchieve that or put it in execution without the ayde of Catholike Princes which they will never be brought to act in without a firm assurance of your real and faithfull conuersion What impressions the News of his Fathers decollatioÌ„ made upon him what use the Cardinal and Iesuits made of it to induce him and others to Poperie and what endeavors were used by the Iesuits to make up a peace between the Spanish and French to invade England and make it their prey if he would turn Papist under pretext of restoring him to his Crown you may read in this Iesuit p. 33 34 35 36. and in Militiere his Victorie of Truth dedicated to King Charles after his Fathers death to pervert him in his Religion as the only means of his restitution These Passages of this Iesuit who stiles himself p. 39. The faithful Servant of the Common-wealth of England dedicated to President Bradshaw himself and printed by his SPECIAL COMMAND and our Republican Governours now sitting Ann. 1650. when Mr. Prynne was committed close Prisoner by them without hearing or accusation will justifie the truth of all his former Discoveries That your beheading the King and degrading our Kingdom into a New Free-State was the verie French Cardinals Spaniards Popes and Iesuits plot to ruin both our Protestant Kings Kingdom Church Religion even by your own confessions and that it gave unto them strong arguments to perswade the Kings posteritie and partie for ever to abominate our Religion as manie of them have done upon this very account though the King himself and his Brothers yet continue constant through Gods mercie against all provocations to their eternal honour but your perpetual infamie who have put them upon such direfull Temptations 2. Before you engage in any other Business peruse all former Acts and Petitions of our Protestant Parliaments since 1 Eliz. to this present against Iesuits Seminarieâ—Priests Papists Poperie the manifold mischiefs dangers accrewing by their increase toleration and suspension of our Lawes against them the causes of their growth amongst us and remedies to prevent the same Then put them all with the Oath of Abjuration and 5. Bills against them assented to by the late King in the last Treatie into immediate impartial vigorous execution 3. Imploy faithfull knowing stout active persons with sufficient power and encouragements to discover detect apprehend them under what ever disguise and shelter they now secure themselves Especially take diligent care to ferret these Romish Vermin and Troublers of our Israel out of all your Armies Garrisons Camps and all Sectarian separate Congregations the Boroughs wherein now they lurk securely by putting them all to the Test of the Oaths of Abjuration Supremacie and Allegiance 4. Permit no Seminarie Priests Friers Romish Emissaries of any Nation but especially no Iesuits of any their 4. ranks to remain in our Realms or Dominions it being impossible to enjoy any peace settlement in Church or State or to expect anie dutifull obedience quiet in or from the Armie whiles these firebrands of Sedition Treason remain within our coasts upon which account they have been by sundrie Proclamations of Queen Elizabeth King Iames and King Charles not only banished out of England Scotland Ireland and all their Dominions but likewise out of France Germanie Poland Bohemia Austria Moravia Transilvania Hungarie Venice and other Popish Kingdomes States as well as out of the Netherlands Denmark Sweden and Protestants Territories as the Authors of all their Wars Troubles Tumults Insurrections Rebellions Treasons Regicides and the publike Pests of Church and State 5. Put no arms into Anabaptists or Quakers hands formerly decrying them as unlawful lest London become another Munster and England another Germanie in few moneths space 6. Since Christ Iesus who is truth it self hath laid down these 3. Gospel-maxims of infallible veritie Mat 7.15 to 21. Lu. 6.43 c. That Ravenous wolves in sheeeps clothing as well as trees are and shall be known by their fruits John 8.44 You are of your Father the Devil for his works ye doe Rom. 6.16 That to whom ye yield your selves servants to obey his servants ye are to whom ye obey If all the premises infallibly convince your Consciences Judgements as they will and must do That all the forementioned fruits you have produced since December 4. 1648. are the proper fruits of Iesuits and Romish wolves in sheeps clothing yea the very worst sowrest of all their Fruits and Powder Treasons That the workes you have done in murdring our Protestant King destroying our Parliaments Kingdoms Government Laws secluding your fellow-Members and Lords House by force erecting your New Republike and Parliamentarie Conventicle c. are the Works of the Iesuites and Devil That you have yielded up your selves as obedient servants unto them in everie of these against your own former Oaths Protestations Vows Covenants Declarations Commissions Principles Professions Judgments rightly informed consciences the Votes Obsecrations Disswasions of your Fellow Members and most indeared Protestant Friends Ministers Relations the Indentures Desires of those Counties Burroughs you represent And that the very Principles by which you have acted since Dec. 1648 and now again are the very Jesuits principles as you may read at leisure in Iohannis Mariana De Rege Regum Institutione l. 1. c. 6. Creswels Philopater Franciscus Verona Constantini Apologia pro Johanne Castellio et Jesuitis Iesuitae Reinaldi liber De Iusta Reipublicae Christianae in Reges Impios et Haereticos authoritate c. published under the name of William Rosse in Ludovicus Lucius Historia Jesuitica l. 2. c. 3. Hospinian Hist. Jesuitica l. 3. 4. Speculum Jesuiticum printed 1644. wherein you may truly view your Iesuitical Physiognomies heads perrewigs instead of your old genuine Protestant complexions brains notions hair And if the present fresh Addresses Petitions of Anabaptists Quakers Sectaries from Southwark Warminster Hertfordshire Kent and other places to the Army-Officers and your selves with their late listings in the Army affronts to Ministers in their Churches ejection of some of them to intrude themselves alreadie budding forth sufficiently discover whose Servants you are and whose drudgerie you must execute O then immediately abjure rescinde and null them all with highest indignation and persist no longer in any such destructive waies counsels projects under any pretext consideration interest or perswasions whatsoever But rather remember Mr. Oliver Saint-Iohns words now sitting amongst you in his Argument at Law
against the Earl of Strafford printed by the Commons house special Order p. 64. In this I shall not labour to prove That the endeavouring By Words Counsels and Actions to subvert the fundamental Lawes and Government of the Kingdom is Treason by the Common Law If there be any Common Law Treasons left nothing Treason if this be not to make a Kingdom no Kingdom And then consider Sir Edward Cooks memorable Observation published by the Commons Order 3 Instit. c. 2. p. 35 36. It appeareth in the holy Scripture That TRAYTORS never prospered what good soever they pretended but were most severely and exemplarily punished in conclusion which he proves by the examples of Corah Dathan and Abiram Num. 16.31 32. c. 27. 3. Athaliah 2 Kings 1.1.16 Bigthan and Teresh Esth. 2.21.23 c. 6.2 Absolom 2 Sam. 18.9.14 Abiathar 1 King 2.26 27. Shimei 2 Sam. 6.5 6. 1 Kings 2.8.46 Zimri 1 Kings 16 9.18 Theudas Acts 5.36 37. and Iudas Iscariot the Traytor of Traytors Acts 1.18 Mat. 27.5 Peruse over all our Books Records Hisâ—ories and you shall finde a principle in Law a rule in Reason and a trial in experience That Treason doth ever produce fatal and final destruction to the Offender and never attaineth to the desired end two incidents inseparable thereunto And therefore let all men abandon it as the most poisonous Bait of the Devil of Hell and follow the precept in holy scripture Fear God honor the King and have no company with the Seditious Felix quem faciunt aliena pericula cautum So he Now because Mâ— P. finds some Grandees of his own Profession sitting in the House to countenance and make up this Vnparliamentary Iuncto he shall desire them in the first place seriously to consider how much they have formerly and now again dishonoured themselves and the whole profession of the Law in sitting in complying with acting under such illegal Anti-Parliamentary Conventicles Powers Changes Changers yea crying them up for legal English Parliaments Powers obeying executing all their illegal new Knacks Orders Ordinances as Acts of Parliament in civil criminal real or personal Causes against all Records Law-books Presidents of former Ages their own Judgments Oaths Science Consciences to the intollerable scandal of their Robe the injurie abuse of the whole Nation the prejudice of all their lawfull Superiours and the Publick the encouragement of usurping Traytors Tyrants Oppressors in their waies of wickedness the ill example of most others and their own just reproach 2ly To observe How God in his retaliating Justice hath recompensed this their wilfull prevarication upon their own heads by turning many of them out of their respective places of Judicature honor profit the ground of this their sinfull complyance with infamy dishonour reproach even by the very Persons with whom they unworthily complyed and those especially in present power who had neither been an House of Commons much lesse a mock Parliament without their presence and complyance 3ly That the base unworthy unchristian complyance of the Lawyers and Clergy of England with our late trayterous Innovators Usurpers out of base fear sordid covetousnesse ambition self-saving or self-seeking to the prejudice ruine of King Kingdom Parliament Lords Law hath brought an universal odium upon them with those with whom they most complyed as well as others the Army Officers and present Iuncto under a pretext of Reformation designing both their ruines through the Jesuites Politicks who now bear greatest sway having turned many of them with scorn and contempt out of their former places of Judicature beyond their expectations and reviled both their persons and professions to their faces as a Generation of sordid Temporizers and useless faithless persons not fit to be entrusted any more but discarded out of their new lawlesse Republick which hates both Law and Gospel as warranted by neither and repugnant unto both 4ly That the only way now to regain their lost Honour and preserve both our Laws Liberties Religion establish future peace settlement and prevent impendent ruine is to endeavour to restore our antient hereditary just legal Kingship Kings Governors Government with all their necessary invaded Prerogatives Lands Revenues Rights Jurisdictions and inviolably to preserve them with their lives and estates against all conspiracies of Popes Jesuits and foreign enemies to subvert and undermine them in any kind as the several memorable Parliaments and Statutes of 29 H. 6. c. 1.31 H. 6. c. 1.39 H. 6. c. 1.25 H. 8. c. 22.2 E. 6. c. 26.7 E. 6. c. 12. 1 Eliz. c. 3.4.20 5 Eliz. c. 1.29.30 1 Eliz. c. 1.2 23.24 18 Eliz. c. 21.22 23 Eliz. c. 1.13.14 27 Eliz. c. 1.2.28.21 29 Eliz. c. 7 8. 31 Eliz. c. 14 15. 35 Eliz. c. 2.12 13.39 Eliz. c. 26 27. 43 Eliz c. 17 18. 1 Jac. c. 1. 3 Jac. c. 1 2 4 5 25 26. 7 Jac. 6 22 23. 21 Jac. c. 32 33. 3 Car. c. 5 6. in their respective preambles and bodies worthy our most serious review in the Statutes at large resolve being more to be credited pursued than all the rash Jesuitical suggestions votes and inconsiderable resolutions of any unparliamentarie Conventicle or upstart Pseudo-Polititians advancing themselves to the helm of our new Republick by colour of the Statute of 17 Car. 7. Which Bill by the Commons House resolution in their Remonstrance of 15 Dec. 1641. seems to be some restraint of the Regal power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for the time and occasion only which was so necessary for the Kings own security and the Publick peace that without it they could not have undertaken any of those great things but must have left both the Armies to disorder and confusion and the whole Kingdome to blood and rapine Therefore the Parliament must needs determine by the Kings death as he hath infalliby evidenced beyond contradiction In the last place Mr. Prynne shall most importunately beseech all the antient Nobility secluded Members well-affected Gentry Clergy Commonalty of the English Nation which had never so many effeminate false heads and hearts as now many Jesuite Priest Monk lurking under the disguise of womanish Perewigges brought into fashion by them as they now tender their own private or the publick safety weal settlement and preservation of our endangered Church Religion Kingdom Parliament Laws Privileges Properties and prevention of their impendent ruine First of all seriously to consider lament cast off reform their own late present monstrous sottish stupidity sleepinesse self saving self-seeking Spirits and most unworthy un-manly un English unchristian pusillanimity cowardize fear of a few contemptible Mercinary mortal men who shall shortly dye and become as dung upon the earth and their grosse breach of all publick Oaths Protestations Leagues Covenants in not opposing resisting them manfully in their several places and callings Which hath been the principal cause of all the publick Changes Innovations Oppressions Grievances