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A56220 A true and perfect narrative of what was done, spoken by and between Mr. Prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the Commons lobby, House, and elsewhere on Saturday and Monday last (the 7 and 9 of this instant May) with the true reasons, ends inducing Mr. Prynne ... thus earnestly to press for entry, to go and keep in the House as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the Parliaments privileges / put in writing and published by the said William Prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of Parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a Parliament member, against the utter subverters of them ... Prynne, William, 1600-1669. 1659 (1659) Wing P4113; ESTC R937 104,117 112

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A true and perfect NARRATIVE OF What was done spoken by and between Mr. Prynne the old and newly Forcibly late secluded Members the Army Officers and those now sitting both in the Commons Lobby House and elswhere on Saturday and Monday last the 7. and 9. of this instant May with the true Reasons Ends inducing Mr. PRYNNE a Member of the old Parliament thus earnestly to press for entry to go and keep in the House as he did And what proposals he intended there to make for publike peace settlement and preservation of the Parliaments privileges Put in writing and published by the said William Prynne of Lincolns Inne Esq to rectifie the various Reports Censures of this Action and give publike satisfaction to all Members of the old Parliament the whole English Nation especially those Vianders and free Burgesses of the Borough of Newpart in Cornwal who without his Privitie Sollicitation or good liking unanimously elected him for their Burgess An. 1648. though soon after forcibly secluded secured now twice re-secluded in like manner by the Army-Officers Of his sincere Endevors to the uttermost of his power to preserve OUR RELIGION LAWS LIBERTIES the Essential Rights Privileges Fre●dom of Parliament and all we yet enjoy according to his Oaths Covenant Trust as a Parliament Member against the utter Subverters of them by meer armed force arbitrary will and tyrannical power through the apparent Plots Seductions of our professed foreign Popish Adversaries and their Instruments Psal 3.6 I will not be afraid often Thousands of men who have set themselves against me round about Psal 27.3 Though an Host should encamp against me my heart shall not fear though war should rise against me in this will I be confident Printed in 〈…〉 1659. A true and full Narrative of what was done and spoken by and between Mr. Prynne other secluded Members Army Officers c. ON the 7th day of this instant May Mr. Prynne walking to Westminster-Hall where he had not been six daies before meeting with some old secured and secluded Members of Parliament summoned by King Charles his Writ and Authority for these only ends expressed in all writs of Summons to the Lords and of Elections issued to Sheriffs of Counties for electing Knights Citizens and Burgesses of Parliament and in the Indentures themselves by which they were retorned Members To confer and treat of certain great and arduous affairs concerning the defence of the King Kingdom and Church of England and to do and consent to those things which shall happen to be therein ordained by Common counsel of the King Lords and Commons touching the aforesaid businesses which Parliament began at Westminster the third day of November 1640. They shewed him a Declaration of the Officers and Counsel of the Army made in such hast and confusion that they mistook the Month wherein they made it dating it April 6. instead of May 6. published by them that morning which Declaration the day before was presented to the Speaker of the said Parliament at the Rolls by divers Officers of the Army in the name of Col Fleetwood and the Counsel of officers of the Army in presence of many Members of the said Parliament containing their earnest desire That those Members who continued to sit since the year 1648. untill the 20 th of April 1653. would return to the exercise and discharge of their trust expressed in the foresaid Writs and Indentures alone by those who impowred elected and entrusted them as their Representatives without any other new trust whatsoever inconsistent with or repugnant to it Promising their readiness in their places as became them to yield their utmost Assistance to them to sit in safety for improving the present opportunity for setling and securing the peace and freedom of this Common-wealth praying for the presence and blessing of God upon their endeavours who after they had sate many years in performance of the trust reposed in them by the people and being in the prosecution of that Duty assembled in Parliament at Westminster upon the 20 th day of April 1653. were then interrupted and forced out of the House from that time untill this very day Of which force they seeme in their Declaration unfeinedly to repent by an actual restitution of the Members formerly forced thence much more then of that greater and more apparent force of whole Regiments of Horse and Foot drawn up to the house it self in a violent manner where they seised secured Mr. Prynne with above forty and secluded forced away above 2 hundred Members more of the Commons House only for the faithfull discharge of their Trusts and Duties therein according to their Oaths Protestations Vows Covenants Consciences wherin most think they first turned out of the way by wandring into other wayes from righteous equal paths which Members though they do not particularly invite to sit again yet they having proved no breach of trust against them do not in the least measure intimate that they would forcibly seclude them from sitting if that Parliament should be publickly voted still in being by vertue of the Statute of 17 Caroli c. 7. as they in their Counsel of the Army have actually resolved by their invitation of the Members thereof to sit again as Mr. P. those Members who shewed it to him conceived upon their perusal thereof Mr. P. being after informed that the Old Speaker and sundry Members of the long Parliament were then met in the painted Chamber to consult together in order to their meeting again in the House was moved to go thither to them which he refused because it was no place where the House of Commons ever used to meet or sit as an House but only as a Committe upon conferences with the Lords Soon after Mr. P. heard by some Members and others that the old Speaker and about forty Members more with the Mace carried before them were gon from the Lords House into the House of Commons there sate as an House by vertue of the Statute and their old Elections by the Kings Writs Vpon which there being then above 30 of the old secluded Members in 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 in a friendly manner should 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
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 Vs not our heirs or successors to give Vs 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 Vs concerning the foresaid businesses relating to Vs 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 Judges Justices 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 act 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 Officers 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 Judges 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 Jacobi 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 Declarations against the late King Kingship and the House of Lords or quite disclaim the Objection For if the King never dies Then by their own confession and our Lawes we are still a Kingdom not a Republike yea Charles Steward as heir to his beheaded Father was and is still de Jure 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 Parliament 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
Frauds and indirect practises in others 3ly That old House of Commons had a special care of providing for the Kings Armie his urgent and present occasions professed themselves his loyal Subjects and him to be their King and Soveraign Lord humblie besought his most Excellent Majesty that it might be declared and enacted by him that this Parliament might not be dissolved prorogued or adjourned but by Act of Parliament acknowledging they could make no such Act without his Majesties Royal assent and that both the King and Lords House were essential Members of the Parliament within this Act. But those sitting since 1648. till 1653. and now again thus entring the House by pretext of this Act have renounced abjured and professedlie engaged against all this to which they are direct Antipodes Therefore no Commons House within this Act. 4ly The Commons House within this Act was that House which was then in being when this Act passed dulie elected by the people by the Kings Writs not the Armie-Officers and pursued the self-same ends recited in the preamble for which this Act was made and assented to by the King and Lords But this New House was created constituted not by the Kings writs or peoples election but the Armies swords and conspiracie 7 years after this Act first passed then disowned and turned out of Doors above 6 years by the Army and now re-inducted into it by their armed Votes and force to serve their ends not to pursue those mentioned in the Act accomplished many years since and now becoming impossible Therefore they are not so much as an House of Commons within this Act and the Armie-Officers and Souldiers who formerly thrust them out now recall them may do well to consider that Gospel-Text Gal. 2.18 If I build again the thing I destroyed I make my self a Transgressor even against this very Law as well as the law of God and other laws of the Land XI If they are not so much as a Commons House of Parliament much less then are they the lawfull Parliament of England in anie sense within the letter or meaning of this Act no more than so manie of the old Gunpowder Popish-Traitors had their Treason taken so good effect in blowing up King Iames the Lords whole House and majoritie of the Commons House there assembled as their late new Powder-plot hath done had been the onlie lawfull Parliament of 3 Iac. they destroyed in case they had entred then into the Commons House with the Mace before them and created stiled themselves alone the Parliament of England as a right devolved unto them by Conquest or Succession which had they presumed to do no doubt the whole English Nation would have risen up against them as one man and never have so far dishonored themselves their Religion or Countrie as to own and submit to those Jesuitical Romish-Traitors only for destroying of their lawfull King Lords House and English Parliament it self as the onlie true old English Parliament then re-assembled The Reasons are unanswerable 1. Because the whole House of Commons then sitting in its primitive splendor fullnesse freedome was by its own quadruple acknowledgement in it no more but the Commons House and one Member of this Parliament not the Parliament it self never owning owning but professedlie disclaiming it self to be the Parliament or present Parliament within this Act. 2 ly Because this Act was made not by the Commons alone without the King or Lords concurrence but by the King as their Soveraign Lord declaring and enacting and the Lords and Commons as jointlie assenting thereunto 3 ly Because it is most absurd to conceive that the King and Lords by passing this Act to continue this Parliament as then constituted till dissolved by Act of Parliament did ever intend to seclude themselves quite out of it or to make the Commons House alone an absolute independent Parliament without both or either of them though five times speciallie providing by name for their Parliamentarie interests Or that they or the Commons intended to make each of themselves a distinct Parliament without the other and so to erect three New Parliaments at once by providing against the untimelie proroguing adjourning or dissolving of one The King and Lords both jointlie and severallie having the self-same Arguments from this Act to prove each of them a several or joint Parliament without the Commons by the Commons own intention in passing this law as the Commons have to justifie themselves to be a Parliament now they have secluded and engaged against them both and will admit of neither as Members of their Parliament when as this verie Act preciselie prohibits the King to dissolve prorogue or adjourn the Parliament or either House therof or the Lords to prorogue or adjourn much less dissolve the Commons House or the Commons to prorogue or adjourn much lesse dissolve the Lords House declaring and enacting That at any time or times during the continuance of this Parliament the Lords House shall not be adjourned nor yet the Commons House but onlie by their own respective Orders and by themselves alone declaring enacting everie thing and things whatsoever done or to be done to the contrarie to be utterly void and of none effect 4 ly Because this Act both in the Title prologue and body prevents onlie the untimely proroguing adjourning and dissolving of this present Parliament at any time or times during the continuance of it but by Act of Parliament or themselves stiling it 8. several times this present Parliament and giving it no other Title yea it preciselie describes it to be a Parliament onlie of King Lords and Commons as it was when this Act was made and so to continue till its dissolution But the Parliament now sitting was not this present Parliament being not then known heard of nor imagined ever to start up in After-ages by any who made or consented to this Law it being created onlie by the Armie 7 years after this Act and now revived full 18 years after it without anie King or House of Lords and protesting engaging against them both as no Members of it Neither can they pursue any one of those ends for which this Parliament was continued Therefore they are doubtlesse beyond dispute no Parliament at all within the words or intention thereof their own Consciences Reason being Judges whatever they pretend nor yet by their own Republican principles a free and equal Representative of the people 6 ly By the Law and Custom of all Nations Nature Reason Justice Equitie the laws of England and of all publick or private Ecclesiastical Civil or Militarie Councils or Corporations the Majority of persons Members Voyces Votes are alwayes reputed the Parliament Council Synod Corporation and do yea ought of right to bind the lesser part as well in making Laws Ordinances as Elections and all else that concerns the publick Yea the General and General Counsel of the Army-Officers in their Petition to those and others now
the Traytor of Traytors Acts 1.18 Mat. 27.5 Peruse over all our Books Records Histories 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 M.P. finds some Grandees of his own Profession sitting in the House to countenance and make up this Vnparliamentary Juncto 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 Juncto under a pretext of Reforma●ion 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 13 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 Remonstrances 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 Innovatons Oppressions Grievances Exorbitances Insolencies they have hitherto suffered by their own armed hirelings and are the saddest symptomes of our approaching imminent desolation if not speedily repented redressed redressed ere it be over late 2ly To pursue these Gospel advises 1 Cor. 16.13 Watch ye stand fast in the Faith quit ye like men be strong Gal. 5.1 Phil. 1.27 28. Stand fast in the liberty wherewith Christ hath made you free and be not intangled again with the yoke of Bondage in one Spirit striving together with one mind for the Faith of the Gospel the fundamental Laws Liberties Government Privileges of the Nation And in nothing terrified by your Adversaries which will be to them an evident token of perdition but to you of salvation and that of God 3ly Do you all now publickly resolutely constantly unanimously according to the tenor of the Solemn League and Covenant claim assert vindicate and endeavour to preserve with your Lives and
were engaged therein by any Votes or Actions if he could but gain audience or patience to hear them pressed on their Consciences Viva Voce But their unparliamentary adjourning on purpose to prevent it when he was in and forcibly resecluding him by armed Gards when once out he held himself bound in Conscience to publish that to them and the the world in print which he was not permitted libertie to speak as he formerlie did when forcibly imprisoned and kept from the House by the Armie as now upon the like account in his Brief Mememto to the present unparliamentary Juncto from his Pison-Chamber at the Kings Head which they soon after took of Jan. 1. 1648. 2ly He intended to propose That all armed Gards of Souldiers in or near the Cities of London or Westminster might by publick Proclamation be removed to a convenient distance thence according to the antient Custome Presidents and Privileges of Parliament prohibiting not only all armed forces but the very bearing of any Arms or weapons in or near the place where the Parliament did sit under severest penalties lest they should over-awe the Members or any way interrupt their proceedings which the undutifull mutinous Officers Souldiers now in and near the City though raysed purposely to protect the Parliament and its Members from all force whatsoever have frequently done nay forcibly secluded imprisoned ejected the Members themselves sundry times yea turned the now sitting Members out of Doors and now again on Saturday last and this very Morning secluded him and sundry Members when they came to enter in 3ly That all the Lords all secured secluded Members of the old Parliament not sitting after Decemb. 8. 1648. now about the City being double in number to those now sitting might presently be called and freely admitted into the House And all living Members of the old Commons House elected or sitting at or before that time might by the Speakers Letter be desired in all their names to meet together in the Commons House forty daies after the ordinary time limited in most writs of Summons or Resummons of Parliament and nothing acted or voted in the interval as a House of Commons till they were all assembled after their ten years seclusion dissipation by the Armies force and war upon them This suddain unexpected Clandestine stealing into the Commons House of about 41 or 42. Members alone without any general notice given thereof to all the other surviving absent Members or places which elected them sitting presently as an House of Parliament accompanied with a present forcible seclusion of all but their own Confederates being a most unparliamentary practice conspiracy surprise unworthy Saints or persons of Honour destructive to the very being Privileges of Parliament injurious to the whole Nation as well as absent and secluded Members yea contrary to their own Republican Votes Principles That the Supream Authority of the Nation resides only in the Generality of the people That it cannot be transferred from them to any others in or out of Parliament but by their free consents and elections That their Representatives in Parliament ought to be equally distributed throughout the Nation No Member to be secluded when duly elected and all things to be carryed only by majority of Voyces Contrary to the principles of Law Equity common Justice Reason which resolve that publick Acts of Parliament bind all men because they all are Parties and Assenters to them by their election of Knights Citizens and Burgesses impowred intrusted by them and present when they passed by their common assent Which they cannot be when the farre greater number are absent secluded and have no notice of their present sitting Contrary to common Right and that just Maxime inserted into some antient Parliament Writs of Summons and elections to Sheriffs quod omnes tangit ab omnibus approbetur that which concerns all ought to be approved by all And not only so but this their surreptitious fraudulent suddain sitting and acting by themselves as a Parliament if they proceeded would make them far more criminal and guilty of highest Treason than King Richard the 2d of old impeached and dethroned in the Parliament of 1 H. 4. amongst other Articles for this That the said King in his last Parliament at Salop purposing to oppress his people subtlely procured and caused to be granted That the Power of the Parliament by the consent of all the States of his Realm should remain with certain Persons to determine after the Parliament dissolved certain Petitions delivered in the same Parliament at that time not dispatched By colour of which Concession the persons so deputed proceeded to other things generally touching that Parliament and that by the Kings will In derogationem status Parliamenti in magnum incommodum totius Regni pernitiosum exemplum In derogation of the State of the Parliament and to the great disprofit prejudice of the whole Realm and permitious example And that they might seem to have some kind of colour Authority for this kind of their proceedings the King caused the Rolls of the Parliament according to his Vote to be changed and deleted contrary to the effect of the foresaid Concession which is likewise mentioned in the printed Act of 1 H. 4. c. 3 and thus amplyfied That a certain power was committed by authority of Parliament to certain persons to proceed upon certain Articles comprised in the Rolls of the Parliament thereof made and by authority aforesaid divers Statutes Judgements Ordinances and Stablishments were made ordained and given erroneously and dolefully in great disherison and final destruction and undoing of many honourable Lords and Liege-people of the Realm and their Heirs forever wherupon that whole Pariament of 21 R. 2. with all the circumstances and dependents thereupon were wholy reversed revoked voyded undone repealed and annulled for ever If this then were so high a crime and breach of royal Trust in King R. 2. even by consent and authority of the whole Parliament and three Estates subtilly to procure the power of 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 permitious 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 ●eclaring themselves alone to be the Parliament of England beheading the King himself their
Fortunes the Reformed Religion Worship Doctrine of the Churches the Rights and Privileges of the Parliaments the Laws and Liberties of the Kingdoms of England and Scotland and the Kings Majesties Person Authority and Posterity in the defence and reformation of the true Religion and Liberties of these Kingdoms And with all faith fulnesse endeavour the discovery of all such as have been are or shall be Incendiaries Malignants or evil Instruments by hindring the Reformation of Religion dividing the King from his People or one of the Kingdoms from the other making any factions or parties among the People contrary to this League and Covenant that they may be brought to publick Tryal and receive condign punishment assisting defending each other in the maintenance and pursuit thereof without any division withdrawing defection or detestable indifferency or neutrality whatever For which end in a brotherly friendly christian yet stout and resolute manner demand publickly of the General Counsel of Army Officers and their Westminster Conventicle 1. By what lawfull Commission Authority or Warrant from God our Laws or the generality of the people of England whom they have voted the Supream Authority and whose Servants they pretend themselves they have formerly and now again forcibly secluded the whole House of Lords and Majority of the Commons House from sitting in our Parliamentary Counsels or the Old Parliament if yet in being and made themselves not only a Commons house but absolute Parliament without a King or them contrary to the very Letter scope of the Act of 17 Car. c. 7. by which they pretend to sit 2ly By what Authority they presume to turn our most antient glorious famous honourable first Christian Kingdom into an infant base ignoble contemptible Sectarian Free-State or Commonwealth and disinherit our hereditary Kings and their Posterity against all our Laws Statutes Declarations Remonstrances Oaths Vows Protestations Leagues Covenants Customs Prescription time out of minde Liturgies Collects Canons Articles Homilies Records Writs Writers and their own manifold obligations to the contrary for their inviolable defence support and preservation only in pursuit of the Jesuites Popes Spaniards and French-Cardinals forecited plots And who gave you this Authority The rather because the whole English-Nation and High Court of Parliament wherein the whole Body of the Realm is and every particular Member thereof either in person or representation by their own Free-elections are deemed to be present by the Laws of the Realm did by an expresse Act 1 Jacobi c. 1. worthy most serious consideration with all possible publick joy and acclamation from the bottom of their hearts recognize and acknowledg as being thereunto obliged both by the Laws of God and Man that the imperial Crown of this Realm with all the Kingdoms Dominions and Rights belonging to them immediately after the death of Queen Elizabeth did by inherent birth-right and lawfull and undoubted Succession descend come to King Iames as next and sole Heir of the Blood-Royal of this Realm And therunto by this publick Act of Parliament to remain to all Posterity they did humbly and faithfully submit and oblige themselves their Heirs and Posterity for ever untill the last drop of their bloods be spent as the First fruits of this of this High Court of Parliament and the whole Nations Loyalty and Faith to his Majesty and his Royal Posterjty for ever upon the bended knees of their hearts agnizing their most constant Faith Obedience and Loyalty to his Majesty and his Royal Posterity for ever After which the whole English Nation and all Parliaments Members of the Commons House ever since and particularly all Members of the Parliament of 16 Caroli continued by the Statute of 17 Car. c. 7. pretended to be still in being did by their respective Oaths of Allegiance Fealty Homage and Supremacy containing only such Duty as every true and well-affected Subject not only by his duty of Allegiance but also by the com-mandement of Almighty God ought to bear to his Majesty his Heirs and Successors as the Parliament and Statute of 7 Iac. c. 6. declares joyntly and severally oblige themselves 'To bear Faith and true Allegiance not only to his Majesty but his Heirs and Successors and him and them to defend to the uttermost of their power against all Attempts and conspiracies whatsoever which shall be made against his or their Persons their Crown and Dignity or any of them and to maintain all Iurisdictions Preheminences Authorityes justly belonging united or annexed to the Imperial Crown of this Realm Which all Members of the long Parl. those now sitting ratified not only by hundreds of printed Declarations Remonstrances Ordinances but likewise by a Religious Protestation Vow and Solemn National League and Covenant publickly sworn and subscribed with all their hands in the presence of God himself and by all the well-affected in these three Kingdoms but by all our ordinary publick Liturgies Collects Directory Articles Homilies Prayers before Sermons in all or most of their Families Closet-Prayers yea Graces before and after meat wherein they constantly prayed to God according to the practise of the Saints in the Old and new Testaments the Primitive Church of God and Heathen Nations of the Church Parliaments of England themselves in all Ages not only for the health life wealth safety prosperity preservation salvation of our Kings and their Realms but likewise of their Royal Issue and Posterity That there might not want a man of that Race to sway the Scepter of these Realm so long as the Sun and Moon shall endure or to the like effect And if they cannot sufficientlie satisfie your judgements consciences in this particular nor answer the precedent reasons in defence of our hereditary Kings Kingship against their Vtopian Republick Then take up the peremptory resolution of all the Elders and Tribes of Israel when oppressed by Samuels Sonnes Mis Government turning aside after filthy lucre and perverting Judgement 1 Sam 8. and say resolutely to them We will have no New Common-wealth nor Vnparliamentary Conventicle to rule over oppresse ruine us Nay But we will have a KING our own lawfull hereditary King to reign over us that We also may be like all other Nations yea like our selves and our Ancestors in all former Ages and that our King may judge us and go out before us and so put a speedy end to all our present future Changes Wars Troubles Fears Dangers Oppressions Taxes and restore us to our pristine Peace settlement unitie amitie securitie prosperitie felicitie upon the Propositions assented to by his beheaded Father in the Isle of Wight whose Concessions the Ho of Commons without division after 3. daies and one whole Nights debate 4 Dec. 1648. notwithstanding all the Armies menaces Resolved upon the Question to be a sufficient Ground for the House to proceed upon for the settlement of the Peace of the Kingdom upon better terms and greater advantages than ever they have yet enjoyed or can
together and it shall come to nought speak the word and it shall not stand for God is with us For the Lord spake thus to me with a strong hand and instructed me that I should not walk in the way of the people saying say not a Confederacie to whom this people shall say a Confederacie neither fear ye their fear nor be afraid But sanctifie the Lord of Hosts himself and let him be your fear and let him be your dread and he shall be for a sanctuarie Ps 26.3 4 5. O Lord I have walked in thy Truth I have not sat with vain persons neither will I goe in with dissemblers I have hated the Congregation of evil doers and I will not sit with the wicked Pro. 29.25 The fear of man bringeth a snare but he that putteth his trust in the Lord shall be safe Ps 18.46 48 50 Ps 144.10 The Lord liveth and bless●d be my rock and let the God of my salvation be exalted He delivereth me from mine enemies yea thou liftest me up above those that rose up against me thou hast delivered me from the violent man Therfore will I give thanks unto thee O Lord among the Heathen and sing praises unto thy name It is he that giveth Salvation unto Kings that delivereth David his servant from the hurtfull sword Great deliverance giveth he unto his KING and sheweth mercy to his anointed To David and to his seed for evermore Thomas Campanella De Monarchia Hisp c. 30. Omnis haeresis cum ad Atheismum delapsa est per sapientem Prophetam in veritatis viam reducitur habent enim haereses periodum suam ad modum Rerumpublicarum quae à Regibus in Tyrannidem à Tyrannide in Statum Optimatium et inde in Oligarchiam atque tandem in Democratiam in fine rursus in statum Regium revolvuntur William Prynne From my Studie in Lincolns Inne May 18. 1659. FINIS ERRATA Page 34. l. 15. dele it p. 35. l. 4. Melston r. Millington p. 41. ● 18. Precope p. 48. l. 10. r. 1648. p. 49. l. 38. erecting r exciting p. 69. l. 16. both r. doth p. 75. l. 7. as r. was * See the Epistle and Appendix to my Speech in Parliament and the 2d part to the History of Independency a The true State of the case of the Common-wealth in reference to the Government by a Protector and Parliament maintaining therein a full conformity to the declared principles and engagements of the parliament and Army It being the opinion of divers persons who through out the late troubles have approved themselves faithfull to the cause and Interest of God and their Country Presented to the publick for the satisfaction of others printed 1654. p. 9 11. which Mr. Prynne had then in his pocket * Ian. 6. 1648. (a) See Mr. Prynnes Epistle and Appendix to his Speech in parliament His 2d part of the Narrative of the Armies force 1640. and A new Discovery of Free-State Tyrany 1655. (b) See his brief Memento to the present unparliamentary Iuncto 1648. (c) In his Memorial for Reformation of England 1590. Watsōs quodlibets p. 92. to 96.310 to 334. Wil. Clarks his answer to Father Parsons Libel p. 75. (d) De Monarchia Hisp●nica c. 25 27. (e) Romes master piece and hidden works of Darkness brought to publick light (f) Historia part 3d. Venetiis 1648. p. 175 176. (g) See the instrument of Government and petition and advice Section 1. * A Collect p. 849 858 862 863 867 868. i Appendix to his Speech p. 118. and relation of the Members seclusion * See Mr. Prynne Good Old Cause stated stunted p. 3 4 5.6 10 k See Mr. P his Gospel plea Watsons quodlibers and the Case of the Common wealth of England rightly stated i See his legal plea against illegal Taxes his legal Vindication p. 3 3 4. his Brief Register of Parliamentary writs and plea for the Lords l 7 E. 1. Rastall Armor 1. Cooks 4 Instit p. 14. Mr. Prynnes Brief Register of all Parliamentary writs p. 27 28.177 215 216. Exact Abridgement of the records in the Tower p. 11 12 14 17 19 ●● 27 36 38 195. m Mr. Prynnes Brief Register and Survey of Parliamentary writs p 431. n See their Votes Jan. 6. Declaration 11 Martii 1648. The Agreement of the People and Armies Remonstrance and Petition Nov. 16. 1648. Ian. 20. 1649. o 1 Jac. ch 1. Ash-Parliament 10. p Cl. 33. E. 1. m. 4. dors q 1 H 4. Rot. parl n. 25. Plea for the Lords p. 434. r Canterburies Doome p. 27 31. Mr. Pyms Speech 16 F●br 1640. * See his legal Vindication against illegal Taxes p. 44. to 51. His Plea for the Lords and Brief Register * Mr. Rushworths Historical Collect. p. 270 271. ſ Cooks 4 Instit c 1. Cromptons Jurisdiction of Courts Be Tit. Parliament A Brief Register Survey of Parliamentary writs p. 422 423 424 432. Mr. Rushworths Historical collection p. 423. t Cooks 7 Report Calvins case f. 10. * 4 E. 4. 44. v See Mr. Prynnes Brief Register Kalendar Survey of Parliamentary Writs a Cooks 1 Instit p. 181. b. 5 Rep. f. 9. Dyer 190 191 Ash Authority 22.24 the Books there cited 19 H. 7. c 7. * Dyer f. 60. b Modus tenendi Parl. H. de Knyghton de Event Angliae l. 5. col 2680.2681 Grafton p. 349 350 Mr. Prynnes Plea for the Lords p. 27 29. Exact Collection p. 125.142.360 c Plowden f. 117. Dyer f. 107. b. Mr. Seldens Titles of Honor Mr. Prynns Plea for the Lords and House of Peers d Cooks 4 Instit p. 25. 51 E. 3. rot Parl. n. 47. 6 R. 2. rot Parl. 2. n. 52. 11 H. 4. n. 30. e Exact Collection p. 163 164 250 316 317 318 312 793 794. x Cooks ● Report Calvins case f. 10 11. y See the History of Independency part 2. Salmatius Bochartus z Hab. 1.12 Objection 2. Answ Nota. * Better Acts than ever the Republicans made or intend to make for the peoples ease and benefit who only doubled trebled all their Taxes Grievances insteed of removeing them n Brooke Perkins Fit●herbert Ash Tit. Condition 29. o Serj. Finch his Maximes of the Law Cook and others d Exact Col. p. 41. e Exact Col. p. 203. f Exact Col. p. 260. g Exact Col. p. 704. h Exact Collect p. 250. i Exact Collection p. 323. k Exact Collect p. 364. * Some of them Prisoners in execution sent for out of Goal to make up an House * 2 Kin. 21.23 24. c. 14 5.6 1 1 King 16.16 to 21. * See Exact Col. p. 131 148 317 to 314. a Alexand. ab Alexandro Gen. Dierum lib. 3. c 2 10. 2 Sam. 16 18. c. 19.41 42 43.8 11.6 c. 7. 33 H. 8. c. 27. Exact Collect. p. 146. b Page 23. sect 4. printed by the Armies special order 1649. * Ol. Cromwell Ireton Corn. Holland and others of them stiled themselves a Mock-Parliament as Iohn
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 Fe●low-Members then and now again by the Armies power and sitting under their fo●ce which by their own Declaration of August 6 and the Armies in pursuit the●eof August 8. the Speakers Letter July 29. 1648. yea Sir Arthur Hasterigges 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 expleded 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 act●ng 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 f●equently 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 Junii 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 Jacobi 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 1 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 Proces 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 authority 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 avisamento Consilii nostri 3ly It stiles it nostrum· 4ly That the occasion of calling it was about certain arduous businesses Nos et defensionem Regni nostri Jura coronae nostrae c. in many antient writs contingentibus 5ly That his intention in calling it is Quia cum Pralatis 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 Nobiscum 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 super 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 ● 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 ordinari 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 facts 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 Vs 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