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A56213 The substance of a speech made in the House of Commons by Wil. Prynn of Lincolns-Inn, Esquire, on Munday the fourth of December, 1648 touching the Kings answer to the propositions of both Houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the Kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, Nov. 20, is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the Houses vote upon his debate. Prynne, William, 1600-1669. 1649 (1649) Wing P4093; ESTC R38011 126,097 147

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security that 25 of the eminentest Barons should be made Conservators of the Magna Char. and that all the rest of the Barons and people should take an Oath to be aiding and assisting to them in their preservation thereof and that the King should surrender into their hands his four principall Castles that so it he infringed his Charter they might compell him to observe it This was the highest Militia and security of that kind our Ancestors ever demanded or enjoyed which is nothing comparable unto that now granted us by the King who rested satisfied therewith 3. Because the King and his successors are hereby not only totally disabled to raise any forces to oppresse the people or disturb their peace and settlement but all persons discouraged from aiding or assisting them by any Commission or authority whatsoever under pain of high Treason and losse both of life and estate at the pleasure of both Houses without any benefit of pardon from the KING disabled for to grant it So great a discouragement for any persons of fortune or quality to appear for the King or his party in the Field for time to come that in all humane probability none ever will or dare to appear in arms hereafter for the King against the Parliament being sure to forfeit all without any hopes of pardon And if this Act had been passed as a Law before our Wars I dare presume not any one English Lord or Gentleman durst once to have appeared in the Field for the King and wee had never felt the miseries of a civill War Fourthly Because the Militia of Ireland Ier●y Guernsey and Wales as well as England is wholly transferred from the King to the Houses so as we need fear no danger thence and the Militia of Scotland being in their Parliaments disposall if wee hold a Brotherly correspondency with them I know no other enemies we need to fear for the Navy being in the Houses power wee need not fear any forraigne invasion that can hurt us if we can agree at home All which considered I dare assert we have now the greatest security of any people under Heaven against all armed regall force and power the King having given up all his Military power into the Houses actuall possission and resigned his Sword and Armes into their hands And if we refuse to accept it now he so freely resignes it we may fight till doomesday but never win nor hope for the like security or advantage yea the present age and all posterity will curse and abhor us for not embracing and resting satisfied with such unparalleld security But is this all the security the King hath granted us in this Treaty No verily there is yet much more behind which hath not yet been opened The Kings of England have alwaies held two swords in their hands which when ill managed have hurt destroyed their Subjects The first is the sword of Mars in times of War which is already sheathed and resigned into the Houses hands by the precedent concessions so as it can never wound them more The other is the sword of Iustice in times of Peace and this likewise the King hath wholly given up into the Houses power for twenty years as he hath the Militia so that it can never hurt them nor any English man or other Subject hereafter at least for twenty years This sword was formerly intrusted by the King in the Judges and great Officers hands● had they been so couragious so upright as they should the King could never have wounded or ruined the meanest of his Subjects with this Sword Shipmoney Kingh●hood with other Grievances Monoplies neither would nor could have been imposed on the people by the Kings Prerogative or power had the Judges according to Law and duty declared them illegall The Kingdome can do no injustice to any it his Judges be so just and stout as to do justice Whereupon this House impeached only the Judges not blamed the King for the project of Shipmony to which their opinions in Mr. Hampdens Case gave life vigor Now the King in this Treaty hath for twenty yeeres at least granted to both Houses the nomination and appointment of all the Great Officers Civill or Military and of all the Judges and Barons of his Courts and Exchequers within England and Ireland to continue in their places only quom diu bene se gesserint So as these great Officers Judges having now no dependence at all upon the King who can neither place nor displace any of them but wholly upon the Houses of Parliament and such as they shall appoint to nominate them in the Intervals of Parliament if the Houses have a care to make good Officers and Judges in all Courts at first and to displease and punish them as they may and ought to do when they degenerate or misdemean themselves the King with all his legall power now left him can neither injure nor oppresse the poorest Subject in body goods or Estate nor protect the greatest malefactor from justice And what more can we desire to expect for the security of our lives liberties or estates than this Besides as the● King hath intrusted you with the Sword and Courts of Justice and Revenue so hath he with his Conscience and Courts of Equity too You have the nomination of the Lord Chancellours Lord Keepers and Commissioners of his great Seals of England and Ireland of the Chancellours of the Exchequer and Dutchy and Masters of the Rolls as well in Ireland as England who are the Dispensers of his Equity Conscience to his Subjects the Issuers of al his Commissions Writs Patents and keepers of all his publique Records If this be not enough you have the disposall of his purse and Treasure too The nomination of the Lord Treasurers both of England and Ireland of the Chancellours and Barons of the Exchequers in both and of the vice-Vice-Treasurer and Treasurer of Wars in Ireland Would you have yet more You have the nomination of the Lord Deputy and chief Governour of Ireland and of all the Presidents of the severall Provinces of that Kingdome for twenty years and of all other forenamed great Officers Judges and Treasurers there a great strength and reall addition to the Militia of that Kingdome which can never doe us harm if we accept of these concessions which invest us in such power there as no Parl. of England ever yet expected nor laid claim to What is there yet remaining for your safety Perchance you will suspect the King may have many secret designs and intercourses with forraign enemies and States and grand Malignants at home to undo all which we shall never discover without some further provisions then yet we have made Truly no you have a remedy already provided and granted for this The nomination and appointing of the Lord Warden of the Cinque-ports the principall gates to let in or keep out Forraign Enemies or Spies and of the Secretaries of State who will be
privie to all his Maj. secrets and transactions of publick concernment receive all letters of intelligence directed to him and most commonly return all Answers to them There is now but one thing more wanting to make this security compleat and firm the Kings Great Seals of England and Ireland the greatest Regall Assurance confirmation he can give you and of these you have both the custody and disposal having the nomination appointment both of the L. Chancellors L. Keepers and Commissioners of the Great Seal in England and Ireland To summe up all these Grants together Some Parliaments in former times have had the nomination of the Lord Chancellor some of the Lord Treasurer some of the great Iusticiar or some few Judges of England only But never any Parliament of England claimed or enjoyed the nomination and appointment of any the Great Officers Barons Iudges or Treasurers places in Ireland nor yet of the L. Warden of the Cinque-Ports Chancellors of the Exchequer and Dutcby Secretaries of State Master of the Rolls or Bar●ns of the Exchequer of England yet all these the King for peace sake hath parted with to us and shall we be yet so froward and peevish as not to be satisfied with all those Offices We have a long time mocked and abused the world with a self-denying Ordinance disabling any Member to retain or receive any Civill or Military Office by grant from the Houses whiles he continces a Member though there is scarce one day or week at least doth passe but we are still bestowing some place or Office upon Members for which we are weekly censured and reviled in printed Pamphlets and become odious to the Kingdome But here is a self-denying Act and Ordinance in good earnest in the King in parting with so many Offices of which He and his Predecessors have had the sole disposall for some Ages without interruption to the Houses shal we not yet rest satisfied If not what will the whole Kingdome what will all forraign Kingdoms and Nations report of us but that we are so foolish so unreasonable that nothing can or will content us because we are resolved not to be content with any thing that the King shall grant us be it never so advantagious for our present or future safety and settlement But seeing we have the disposall of all these Officers in England and Ireland both Military and Civill of his Sword of War and Peace his Justice his Conscience his Purse his Treasury his Papers his publick Records his Cabinet his Great Seal more then ever we at first expected or desired I must really for my owne part professe my selfe abundantly satisfied with these Concessions and so must every one who hath so much judgement as to understand the latitude consequences of them for the whole Kingdomes and dying Irelands safety settlement especially at this season when they are so neer their ruin To this I shall adde another grant of great concernment for the Peace and safety of this Nation which the King hath fully consented to in this Treaty and I presume no Member of this House will rest unsatisfied therewith when he fully understands it Both Houses of Parliament upon the Lord Keeper Littl●tons deserting of the House and conveying away the Great Seal were pleased for the better distribution of Justice and transaction of the great Affairs of the Realm to appoint a new Great Seal to be made The Ordinance for its approbation and use sticking long in the Lords House who were somewhat doubtfull in point of Law I thereupon compiled and published a Treatise intituled The opening of the Great Seal of England which fully satisfied them and opened the doors to let it out for publick use though some who have had the custody of it as Mr. Speaker knowes have but ill requited Me for this my pains good service Many Grants Commissions Presentations Writs Processe Proceedings and other things have passed under this Great Seal and some Patens for Offices and Bishops Lands to Members of this House who differ in opinion from me and yet would be glad to have their Patents confirmed by an Act of Parliament The King in this Treaty hath not only consented to ratifie all the Grants c. that have passed under this new Seal by Act of Parliament and to enact them to be as effectuall to all intents purposes as if they had passed under any other Great Seal of England heretofore used but to continue it to be used hereafter for the Great Seal of England and hath likewise so farre disclaimed his old Great Seal from the day it was carried from the Parliament that he is content to make and declare all Grants Commissions Presentations Writs Processe Proceedings and other things whatsoever passed under or by any Authority of any other Great Seal since the 22 of May 1642. To be invalid and of no effect to all intents and purposes except one grant to Mr. Justice Racon to bee Judge of the Kings Bench and some other Writs Processe and Commissions mentioned in that proposition And he hath further yeelded That all Grants of Offices Lands Tenements or hereditaments made or passed under the great Seale of Ireland unto any person persons or body politick since the Cessation in Ireland the 15 Septemb. 1642. shall be null and void with all Honours and Titles conferred on any person or persons in that Realme since that Cessation By this Concession the Houses of Parliament and their adherents have gained these extra ordinary advantages most of them not to be paralleld in any Age of King from Adom till this present First an acknowledgement of both Houses Authority to make and use a new great Seal of England without the King in cases of extraordinary necessity Secondly a power in the Houses to null and voide the Kings usuall Great Seal upon the making of their New and conveying the old Seal from the Houses without their consent Thirdly a ratification of all Judiciall and Ministeriall Acts Writs Processe presentations Grants Decrees Commissions and other things which have passed under the New Seal since its making till this present which tends much to the qulet and settlement of many mens Estates to the confirmation and justification of all legall proceedings in all Courts of Justice and at all Assises and Sesstons of Peace held by vertue of Commissions under this Seal and of Justices appointed by it whose authority and proceedings might else hereafter prove disputable and bee drawn into Question and to the fight constitution of the Parliament it selfe many Members of this House being elected and some Members and Assistants of the Lords House being called thither by VVrits under this New Seal Fourthly an absolute disavowing and repeall of all Commissions whatsoever or other things passed under the old Great Seal against the Parliament or its proceedings and an exposing of all those of the Kings Party who have acted any thing by any Commission or Authority under the
the Crowns of Scotland and Ireland as England will have their aid and assistance and of their forraign Friends too to carry on the wars till they have got possession of the Crowne of England upon better terms then ever they are like to enjoy it if we accept of the K. Concessions which we can never expect from them if we depose and kil the King and dis-inherit banish them for Traitors Secondly Stephen the actuall King then had no issue at all and Henry was next heir to the Crown both to Maud and him so as both Titles meeting in him the controversie and wars must needs cease But if we shall now set up a new King by Election either of the Kings line or otherwise as long as there is either an Elective King or hereditary to exclude this Prince or Duke or either of their heirs to whom the inheritance of the Crown belongs of right we can neither hope for nor expect either peace or settlement in this kingdom as the bloody and long lived wars between the two Houses of Lancaster and York will inform us which never ended till they were both united in King Henry the seventh The Armies next proposall to settle the kingdoms peace is as bad as any of the former to wit the speedy dissolving of this present Parliament which if not presently consented to for ought I discerne by their last Declaration they are resolved to dissolve it by open violence on the Houses which they threaten A Tempest certainly of the Jesuites raising to blow down this Parliament as they would have blown up that of 3 Iacobi with Gun-powder But is this a way to safety and settlement to dissolve the onely visible meanes of both If the King Prince Duke Parliament be all dissolved and quite laid aside what meanes or hopes at all of peace of safety of settlement can any man in his right senses rationally see or imagine Is the overturning of the very Foundations and Pillars of our Church and Kingdom the best and safest way to settle and preserve them Is it not the onely certain way to subvert and ruine them Such wayes of peace and settlement a● these are fitter for Bedlam then a Parliament house Yea but they have one infallible way more to which all the rest are but preparatory to settle peace and safety in our Kingdoms which they idolize almost to wit A new Representative or mo●k-Parliament to be immediately subscribed to and set up in post haste constituted neither of King nor Lords the brats of Tyranny and the Norman Conquest as some of themselves pretend as this Representative is of the Armies nor yet of Knights Citizens and Burgesses duly elected but of a selected company of politick Mechanicks pragmaticall Levellers and Statesmen of the General Councel of the Army as they stile themselves by what Commissiom I know not who have usurped the whole Power both of King Parliament Assembly and all Courts of Iustice before their Representative be setled as a true pattern of it which they are to imitate A meer Whimsicall Vtopia and Babel of confusion invented by the Iesuites to please the vulgar rabhle and stir them up to mutinies against King Lords Commons Gentlemen and their Superiours of all ranks that they alone may possesse and sway the reins of Government Magistracy and Ministry to which they have now prepared their tumultuous spirits Much might be said against it but I shall contract my self because nothing can be so much as probably pretended for it First It is a new Jesuiticall popish Gunpowder Treason with a witnesse which blowes up and destroyes at once the King Prince Duke Lords Knights of Shires Citizens Burgesses this present and all future Parliaments and noblest ancientest Cities and Boroughs of England It not this a blessed invention to settle peace and safety Secondly It blows up both our Magistracy Ministry Laws Liberties Judges and Courts of Justice at one crack and breaks them all in pieces to raise up this new Bab●● out of all their ruines And is not this a blessed new invention of Jesuites and Saints to settle peace Thirdly It blows up all our Oaths of Supremacy and Allegeance Protestations solemn Leagues and Covenants all former numerous Declarations Remonstrances Votes and Resolutions of one or both Houses of Parliament not to alter the present form of Government by King Lords Commons and other ordinary Magistrates and ministers of publick Iustice or●●e● loose the golden reins of government to Blasphemies Heresies Errors Libertinisme Pr●phanenesse Schisme all sorts of Religions It unsettles all things to settle that which is worse then nothing And is this the way to safety tranquillity or settlement Fourthly it enforceth a● Subscription more unjust unreasonable illegall tyrannicall and penall then ever the Bishops or Pope invented invents and sets up the very worst of Monopolies a Monopoly of Electors of Elections and of Representatives elected engrossing all mens ancient Rights Liberties priviledges of election without consent or title into the hands of those who never had a right unto them the people who are no Free-holders no Free-Burgesses free-Citizens or men capable of Votes by Law and these people no other then the Army themselves and some of their levelling Confederates who must possesse judge rule usurp the Rights and Priviledges of the whole Kingdome in point of electing Parliament Members without Charter or Title A cursed Monopoly which will discontent all men who are thus injuriously deprived of their Rights and produce nought else but infinite animosities factions fractions and tumuls throughout the Kingdome and discontent all wise all honest men who will rather die then not oppose it unto death as carrying the death a●d funerall of al peace settlement Parliaments the Kingdome in its bowels And is this a fit tool to peece and unite our shattred Kingdome and settle peace amongst us Fifthly It no way extends to Ireland or our Islands but to England onely it will require many years time and triall to settle and secure its own being priviledge power and gain any general obedience to its new erected Soveraignty so that our Church and State will be sunk and drowned and Ireland inevitably lost before this Ark will or can be prepared for their safety Sixthly This New● Representative in this new Remonstrance is in terminis nought else but the very Agreement of the people presented to the House by the Agitators accompanied with some Iesuites on the 9. of Novemb. 1647. then and in that very month twice by two expresse Votes upon solemn debate and an Ordinance of both Houses in December following resolved to be destructive to the being of Parliaments and to the fundamentall Government of the Kingdome and a signall brand of disability and imprisonment imposed on the contrivers and presenters of it and then condemned by the Generall and his Councell of Warre who shot one White to death for abetting it of which more a non Therefore