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A56219 A true and perfect narrative of what was acted, spoken by Mr. Prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the 7th. and 9th. of May last ... by William Prynne, Esq. ... Prynne, William, 1600-1669. 1659 (1659) Wing P4112; ESTC R19484 104,478 113

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originally was and for whose service it was created as these memorable particulars evidence 1. They did quite set aside all those 5. against●esuites ●esuites Seminary Priests Popish Recusants and the exercise of any t●eir Romish Superstitions in any place within our Realms which the secluded Members and Army-Officers too at first eagerly pursued and the King in the Treaty of the Isle of VVight assented to at the first without any scruple For which the Iesuites in France at a general Meeting there presently resolved to bring him to Iustice and take off his Head by the power of their Friends in the Army as the King himself was certified by an express from thence and wished to provide against it but two dayes before his removal by the Army from the Isle of VVight in order to his execution 2ly They totally set aside and repealed by express Votes and printed Knacks the very Oaths of Supremacy and Allegiance as unlawfull Oaths which themselves took and ought to take before they sate or could sit as Members in the Commons House by the Statutes of 5 El. c. 2. 7 Iac. c. 6. which Oaths were specially made by the great wisedom care and piety of our Protestant Parliaments purposely to detect the persons and prevent the plots conspiracies Assasinations Treasons Vsurpations and new Gun-powder plots of the Romish Iesuites popish Priests Papists and their Instruments against the Lives Crowns Prerogatives of our Protestant Kings Princes their Royal posterity Realms Parliaments our protestant Church and Religion as the Statutes of 1 Eliz. c. 1. 5 Eliz. c. 1. 3 Iac. c. 4. 7 Iac. c. 6. and other Acts with King Iames his Apology for the Oath of Allegiance and sundry learned Treatises in defence of these Oaths declare at large Which Oaths were refused opposed only by the most Iesuited and desperate Papists at home and abroad but approved by the moderatest and loyallest Priests and Lay-Papists who writ in justification of them and repealed to their greatest joy and advantage by our Jesuitized zealous Republicans 3ly They discharged absolved themselves and all other Members Subjects Officers who had taken these Oaths as most had frequently done from the future Observation of them and of their Solemn Protestation Vow League National Covenant made in pursuance of them contrary to this expresse Clause in the Oath of Allegiance I do believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred to me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the expresse words by me spoken and plain and common sense of the said words without any equivocation or mental reservation And I do make this recognition and acknowledgement Heartily Willingly and Truly upon the Faith of a Christian. Yet these faithlesse Republicans who took this Oath as Members and several times else upon other occasions thus atheistically like so many absolute Popes against all Laws of Nations Nature absolved themselves and all others from it and set it with the Oath of Supremacy Covenant Protestation quite aside like old Almanacks out of date 4ly Not content herewith they imposed a new Engagement diametrically contrary to these Oaths the Protestation Vow Solemn League and Covenant which every one must subscribe with his hand To be true and faithfull to their New Common-wealth as established by them without a King or House of Lords putting all English Freemen whatsoever into a New praemunire upon a bare suggestion only before proof or conviction and disabling them to sue in any Court of their Republick or to receive or enjoy any degree office augmentation or preferment whatsoever Spiritual Ecclesiastical Civil or Military or sit as Members then and now again unless they would publickly subscribe it Which Engagement thousands of our Godly protestant Ministers Gentry Freemen refusing to subscribe were thereupon barred of their Actions Executions Iudgements to recover their just Debts Rights Inheritances Goods Offices denyed their degrees of Learning ejected out of their Benefices Headships Fellowships Vice-Chancelorships Augmentations Offices Freeholds Callings against all rules of Law Conscience Iustice Equity Religion the Fundamental Laws and Liberties of the Land their Native Birth-Rights after all their Conte●●s Wats Contributions Prayers Fasts endeavours for their defence And all by these Free-State-Men A Tyranny Treachery Perjury Apostacy transcending any since the Creation yet most eagerly pursued by them all their Reign to the utter ruine of many consciencious honest Protestants and great rejoycing of all Iesuites and Popish Enemies both at home and abroad 5ly The very first Act of Iustice they did by the first Commission of the peace they passed under their New Republican Great Seal for Middlesex at the first Sessions held under them at Hix-hall Febr. 1628. was the enlarging of a dangerous Iesuite and another old seducing Papist formerly imprisoned in the New prison the only Acts done in this first Session as those present then informed Mr. Prynne with much regret Which was seconded with the subsequent enlargement of other Iesuites Priests Papists elsewhere imprisoned whereas on the contrary they shut up Sir William Waller Sir Will. Lewes Sir Iohn Clotwo●thy Major General Brown Comissary Cop●y Mr. Prynne Mr. Clement Walker close prisoners in sundry remote Castles divers years together without any cause expressed and Mr. Gewen with other Members several Monthes and sundry Godly Ministers Protestants of all sorts throughout the Land as well Paliamenteers as former Cavaliers yea beheaded Mr. Love an eminent Protestant Minister and other Protestants but not one Papist in their illegal High-Courts of Justice erected by them against all our Laws whiles these Romish Locusts were thus enlarged unprosecuted and had free liberty to wander up and down our three Nations and act what they pleased to work out Kingdoms Churches and Religions ruine 6ly The first who publikely owned them for a Common-wealth congratulated this their glorious change atchievement and ent●ed into a League with them was the most Catholick K. of Spain the Popes Iesuites chief Patron and Propagator of their Catholick Faith and designs whose interests they prosecuted during all their Republican domination 7ly They entted into a bloodie invasive war against their Brethren of Scotland onlie for owning their rightfull Soveraign King CHARLES after his Fathers beheading according to their Laws Oathes Duties and Solemn League and Covenant invaded their Country without any provocaion slew many thousands of them with furie and cruelty in the Field starved destroyed hundreds of them taken prisoners by them and sold others of them into forein plantations for Slaves imprisoned sequestred banished most of their zealous Godly Protestant Ministers Nobles Gentry took all their Cities Castles Forts Amunition Arms conquered inthralled their whole Kingdom put
favente Domino From all which particular clauses in the very writs of summons it is undeniable that the Parliament of 16 Caroli was ipso facto dissolved by the Kings death 1. Because this Parliament was summoned particularly by King Charles in his natural as well as politick capacity not in his politick alone nor yet by or for him his heirs successors who ceased to be both Charles and a King of this Realm by his death 2ly The Counsel by whose advice it was summoned was his not his heirs and successors Counsel 3ly The Parliament convened his Parliament alone not his heirs or successors both of them ceasing to be his Counsel or Parliament by his decease 4ly The subject matter for which it was summoned Divers urgent and arduous businesses concerning Us not our heirs or successors and the defence of Our not their Realm of England who was no more Us and the kingdom no more his kingdom so soon as he lost his life 5ly The end of summoning this Parliament was only this for the King himself to have a conference and Treaty with the Prelates and Nobles and for them to be personally present with Us not our heirs or successors to give Us their Counsel c. not our heirs and successors All frustrate made impossible and absolutely ceasing by his death because when once dead they can neither parlie conferr nor treat with the King himself nor the King with them nor be personally present with Him for that purpose unlesse they will averr that a meer dead headlesse King can really confer treat parly consult advise with his living Prelats Lords Parliament and they with him be Parliamentally present with each other in the Lords House neither of which they dare admit into it for fear the King if living and Lords too should afright them out of it as the Kings ghost yea the memorial of it though dead might justly do 6ly The mandatory part being in the Kings name alone to summon them to treat with and give their Counsel unto Us concerning the foresaid businesses relating to Us and the defence of Our Realm Our Businesses aforesaid not our heirs and successors He and his businesses all ending when he expires the Parliament must of necessity determine 7ly The Parliament ceasing to be the Common counsel of the King and his kingdom and nothing possible to be ordained BY US the King not his heirs and successors Prelates Nobles in Parliament without his concurrent Vote or when he is dead unless a dead King can give counsel make Ordinances give his royal assent to Bills when deceased It must inevitably follow that all the Authority causes grounds ends for which the Members of this Parliament were all summoned to treat consult and give their advice to the King himself determining and becoming impossible to be performed by his death the Parliament must of necessity expire and be dissolved even as the natural body ceaseth to be and remain a living man when the Head is quite cut off If then those now sitting who cut off the Kings Head the Head of the Parliament and thereby destroyed that temporary body politick will have their Conventicle revived by this Act they must set on his head again raise him alive out of his Grave and bring him back into the House to impeach condemn decapitate them in this true High Court of Justice for this their beheading him in their Court of Highest Injustice Which Mr. Prynne presumes they dare not doe least his revived Ghost should scare them thence or justly retaliate their transcendent Treachery 4ly If any man by his will deed the King by his Commissions the Parliament by a special Act or Order shall authorize impower any 3. persons joyntly to sell lands give livery and seisin execute any Commission as Iudges Iustices Commissioners Auditors or Committees of Parliament if any one of them die both the survivors joyntly or severally can doe nothing because their authority trust was joynt not several and joyntly nor seperately to be exercised If there be not 40 Commoners in the House they cannot sit or acts as an House nor dispatch the least affair no more can any Committee of either House unless their Number be sufficient to make up a Committee as the orders and custom of Parliament appoint Therfore the Parliament of England being a Corporation compacted joyntly of the King Lords and Commons House and three estates The death of the King necessarily dissolves the Parliament notwithstanding this Act which did not alter the Parliaments Old constitution but establish it The Kings personal absence from his Parliament heretofore and of late was reputed very prejudicial to it and his calling away some Lords Great Offi●ers and other Members from it a high way to its present dissolution in his life Therefore it must much more be dissolved by his death and the Lords and Commons forcible seclusion both before and since it by the Army and sitting Members they having Vocem locum in quolibet Parliamento Angliae as our Law-books Statutes and their Patents resolve 5ly The principal end of calling Parliaments is to enact new and necessary Laws and alter repeal such as are ill or inconvenient as the Prologues of our printed Statutes our writs of Summons Law-books attest and all accord But no new Act of Parliament can be made nor no former Acts altered repealed but by the Kings royal assent who hath a Negative voice to deny as well as Affirmative to assent to them as well as the Lords and Commons as all our Parliaments Iudges Law-books Parliament Records Treatises of Parliaments the printed Statutes in each Kings reign more particularly the Statutes of 33 H. 8. c. 21. 1 Jac. c. 1. in the close resolve Yea both Houses acknowledged it in all contests with the late King our Kings Coronation Oaths and all our antient Saxon Kings Lawes attest it Therefore his death must needs dissolve the Parliament notwithstanding this Act because it could make no Act for its dissolution nor declare alter repeal any other Law without his royal assent There are but 2. Objections made by any sitting or secluded Members against these Reasons that his death should not dissolve the Parliament The 1. is this which the Republicans themselves formerly and now insist on That the King doth never die in judgement of Law and that there is no Interregnum because the Crown immediately descends to his right heir who by Law is forthwith King de jure and de facto before his actual Proclamation or Coronation as the Statute of 1 Iacobi ch 1. Cooks 7 Rep. f. 10 11. Calvins case and other Books resolve To which Mr. Prynne Answers 1. That this argument is but an Axe to chop off their own heads and supremacy as they did the Kings and the Objectors now sitting must either renounce their sitting acting Knacks Declaration against the late King Kingship and the House of Lords or quite disclaim the