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A91250 Prynne the Member reconciled to Prynne the barrester. Or An ansvver to a scandalous pamphlet, intituled, Prynne against Prynne. Wherein is a cleare demonstration, that William Prynne, utter barrester of Lincolnes Inne, in his soveraigne power of parliaments and kingdomes, is of the same judgement with, and no wayes contradictory to William Prynne Esquire, a Member of the House of Commons in his memento. Wherein the unlawfullnesse of the proceedings against the King, and altering the present government is manifested out of his former writings and all cavils and calumnies of this scandalous pamphleteer fully answered. / By William Prynne Esquire, barrester at law, and a Member of the House of Commons. Prynne, William, 1600-1669. 1649 (1649) Wing P4043; Thomason E558_5; ESTC R203281 19,546 27

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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
and crosseth the very practise and principles of the protestant Religion If so then both are alike within the intent and meaning of this Law and Oath though the Pope and his instruments be pincipally intended 2dly These clauses in the Oath That the Pope neither by himselfe nor with any other hath any power or authority to depose the King c. That I will bear true Allegiance to his Maiesty his Heirs and Successors and him and them will defend to the utter most of my power against all attempts whatsoever a universall affirmative from or by the Pope or any others which shall be made against his or their persons their Crown and Dignity by reason or colour of any such sentence or Declaration or otherwise Which last words in the dis-junctive coupled with the former generall ones and compared with the following clause And that neither the Pope nor any person whatsoever hath power to absolve me from this Oath or any part thereof c. and with the first branch of it I do truly and sincerely acknowledge professe testify and declare in my Conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightful King of this Realme and of all his Majesties Dominions and Countries with this addition that all Protestant Subjects are enjoyned to take this Oath as well as Papists and more especially every member of the Commons house of Parl. without taking whereof he is utterly disabled to be a Member Doe infalliby evidence that this Law and Oaths related not only though principally to the Popes Usurpations in this Realm but to all other Subjects usurpations to depose or murther the King by any usurped or pretended Authority or High Court of Justice whatsoever But that which clears it unanswerably is this That this very Act provides That every Gentleman or person of higher degree or any person or persons which hath born or shall bear any Office or place of Captain Leiutenant or any other place charge or Office in Camp army or Company of Soldiers or Conducters of Soldiers shall goe or passe voluntarily out of this Realme to serve any forreign Prince State or Potentate be it Protestant or Popish before that he shall become bound by obligation with two such suertyes as shall be alowed of by the Officers therein limited to take the same Bond unto our Sovereign Lord the Kings Majesty HIS HEIRES and SUCCESS●R in the sum of ●wenty pounds of currant English money at the least with condition to the effect following shall be a Felon The Tenour ●f which condition followeth viz. That if the within bounden shal not at any time thereafter be reconciled to the Pope or Sea of Rome nor Shall enter into or consent unto any practise plot or conspiracy whatsoever against the Kings maiesty his heirs and Successors or any of his or their Estate or Estates Realmes or Dominions but shall within convenient time after knowledg thereof had reveal and disclose to the Kings maiesty his heirs and Successors or some of the Lords of his or their Honourable Privy Councell all such practises plots and conspiracyes that then the said Obligation be voyd Which condition being generall extending to any Plot practise or conspiracy whatsoever against the King His Heirs and Successors or any of his or their Estate or estates Realms or Dominions without any limitation to the Pope or other sorraigne Prince State or Potentate or to popish Recusants only and reaching as well to plots practises and conspiracies by any Subjects whatsoever as well within the Realme as without be they protestants papist or whatsoever Sect or Religion fully clears and proves the Oath of Allegiance to extend though principally to the pope and forraign Princes and States and their Treasons and Conspiracies yet only unto them but likewise to the Treasons Plots Practises conspiracies by any subjects whatsoever within the realm to the presert disloyal votes acting Iesuitical proceedings of the members now sitting Thirdly For the pretended perverting of the words of this oath by Mr. Prynne viz Nor any other for nor with any other It is but the Printers oversight omission Nor doth it alter the sence in substance For if the Pope cannot joining with any other suppose the Members now sitting in the Commons house or the high Court of Iustice lawfully depose nor murther the King then certainly those Any other cannot lawfully depose nor murther him without the Pope within the true meaning of this Oath under pain of deepest perjury and Treason to boot which I desire this Pamphletter now seriously to consider if he hath any honesty or conscience lest within him 6thly What is objected out of Mr. Prynnes Appendix p. 14 is already sufficiently answered and cleared in the first and second section and there is nothing in it which can justifie the late triall arraignment and condemnation of the King in the least degree triable by no law of God or man by such an usurped and illegall Iurisdiction amounting to Tyranny in the superlative Degree And for the condemnation and beheading of Mary Queen of Scotts it was not by her own Parliament and Subjects in her own Kingdom for any Treason against them but for Treason committed in England against Queen Elizabeth where she was a Subject and no Queen at all and that by a surprise as some relate 7thly To that objected p. 15 Touching the name and Title which WILLIAM PRYNNE the Member is pleased to give to the Parliament he meanes the 45 Commons who are no Parliament now sitting calling it A present unparliamentary Iunto I William Prynne the Barrester do call to mind that when the King and divers of the Lords and Commons in the beginning of our late Troubles had deserted the Parliament I did then in my said first Part of the Soveraigne Power of Parliaments p 43 44 maintaine and prove That the remaining part was a Parliament notwithstanding the personall absence of the rest and that as long as those absent are Members of the Parliament they shall still be legally present whether they will or no. To this Mr. Prynne the Member answers First That what he hath written as a Barrester in these two Pages of his First Part will prove fatall to this Pamphletter and his Junto now sitting if well considered and truly recited For first he there proves That there can be no Parliament without the King who ought to be alwayes personally present in or neare his Parliament which he hath more fully manifested as a Barrester in his Plea for the Lords p. 7. to 13. by many Authorities and Records The 45. Commons therefore now sitting without the Lords and their Fellow Members concurrence and against their Votes having illegally and trayterously condemned the King to loose his Head and acting as an intire Parliament without the King Lords or their Fellow Members can be no Parliament at all but a meer unparliamentary J●nto by Mr. Prynne the Barresters Resolution to