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A91359 Prynn against Prinn. Or, the answer of William Prynne, utter Barrester of Lincolnes Inne: to a pamphlet lately published by William Prynne Esquire, a member of the House of Commons. Intituled A Briefe Memento to the present un-parliamentary Juncto, touching their present intentions and proceedings to depose and execute Charles Steuart, their lawfull King. January 25. 1648. Imprimatur Theodore Jennings. Purefoy, William, 1580?-1659. 1649 (1649) Wing P4228A; Thomason E540_6; ESTC R205753 6,607 15

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Superiour if they be taken particularly and distributely as single men as the words parem superiorem in the singular number and the like explaine the meaning of the Bookes to be but it wee take them collectively in Parliament as they are one Body and represent the whole kingdome then these very Authours resolve in their fore-quoted words that they are above the King and may yea ought to restraine and question his actions his male admistrations if there be just cause Secondly Bracton explaines himselfe how he is highest and without a Peere to wit in distributing justice That is he is the highest Justiciar in the kingdome but as low as any in receiving justice And further that the Oath of Supremacy that the King is the onely supreame Governour relates onely or at least principally to the Popes and Forraine Princes authorities formerly usurped in this Realme as the Title words and scope of the Statute of 1. Eliz. cap 1. and the very next words in the Oath it selfe undenyable manifest therefore it referres not at all to Parliaments or their jurisdiction Power Superiority Preheminence or Authority nor are they so much as once thought of by the prescribers of this Oath which had its creat on and authority from the Parliament And I William Prinne the Barrester having thus answered the Oath of Supremacy This semblable answer may be added touching the Oath of Allegiance that the Statute 3. Jacobi 4. which creates this Oath is intituled an Act for better discovering and repressing Popish Recusants and that the Oath it selfe relates onely to the Popes unlawfull exercise of authority and jurisdiction within this Kingdome and that it so appears to be by the sayd William Prynne the Member his owne Rehearsall of it In this objection save that in this Rehearsall he hath delt as before and hath made bold in this particular also to satisfie the words of the Oath which in truth runnes thus That the Pope neither of himselfe nor by any Authority of the Church of Rome or by any other means with any other hath power or Authority to depose the King But the said William Pryn the Member in his said Rehearsall makes the Oath to run thus That the Pope neither of himself nor by any authority of the Church of Rome or by any other means nor any other hath power c. and so instead of the words with any other implying the Authority of the Pope joyned with others he makes it a distinct clause nor any other and so upon this forgery including the Parliament within those words nor any other he would make this proceeding against the King to be contrary to the Oath of Allegiance And touching William Pryn the Member his Arguments That there is no President in the old Testament of any one King judicially impeached arraigned deposed or put to death by the Congregation As also that no Protestant Kingdome or State did over yet depose their King I William Pryn the Barrester do refer the Reader to my Appendix annexed to my fourth part of the Soveraign power of Parliaments manifesting p. 1. by sundry Histories and Authors That in the ancient Roman Kingdom and Empire in the Greek and German Empires derived out of it in the old Grecian Indian Italie Hungary Bohemia Denmark Poland Sweden Scotland yea of Judah Israel and others mentioned in the Scripture the Supream Soveraignty and power resided not in the Emperors and Kings themselves but in their Kingdomes Senates Parliaments People who had not only a power to restrain but to censure and remove their Emperors and Princes for their Tyranny and mis-government In which Appendix also is an Answer to the principall Arguments which are produced to prove that Kings are above their kingdoms and Parliaments and not questionable or accountable to them nor censurable by them for any Exorbitant actions and p. 2. are these words I shall infallibly prove That in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the antient kingdom of Greece Egypt India and elsewhere in the Kingdoms of France Spain Hungary Bohemia Denmark Sweden Poland Scotland and most other kingdomes in the world yea in the kingdomes of Judah and Israel and others mentioned in Scripture the highest Soveraign Authority both to elect continue limit correct depose their Emperors Kings to bound their Royal power and prerogatives to enact Laws create new Offices and forms of government resided alwaies in these whole Kingdomes Senates Dyets Parliaments People and not in the Emperors Kings or Princes persons Lastly as page 110. in the deposition of Mary Queen of Scots mother to King James is set forth Together with the approbation of the fact by the State of England at that time Touching the name or Title which William Prin the Member is pleased to give to the Parliament now sitting calling it A Present Unparliamentary Juncto I William Prin the Barrester do call to mind That when the King and divers of the Lords and of the Commons in the beginning of our late Troubles had disserted the Parliament I did then in my said first part of the Soveraign power of Parliaments page 43 44. maintain 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 judged legally present whether they will or no. FINIS Jan. 25. 1648. Imprimatur Theodore Jennings