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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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these formerly now sitting have performed let their own Consciences resolve After which the Lords and Commons in their humble Petition to his Majesty Iun. 17. 1642. desire That your Majesty having passed an Act That this Parliament shall not be dissolved but by Act of Parliament your Majestie would not do any thing tending thereunto by commanding away the Lords and great Officers whose attendance is necessary thereunto Therefore the sitting Members abolishing the whole House of Lords and their secluding most of the Commons Members by this Petitions concession must dissolve it Both Lords and Commons in their Declaration 26th Maii 1642. adde We hope the people will never be carryed away with a noyse of words against the Parliament to make any such equitable construction of the Act for the continuance of this Parliament as may tend to the dissolution thereof by the Declaration of the King which they Answer in this and their own destruction therein By all which passages it is apparent That this act provided against every thing or things done or to be done by the Kings Will or Prerogative without the Houses consent for the dissolution of this Parl. not against its dissolution by his death 8ly The King and his party too did thus interpret it more than once in these passages In his Majesties own Answer to the Declaration of the Lords and Commons of 19 May 1642. We expressed a great trust in our Houses of Parliament when We devested our Self of the power of dissolving this Parliament which was a Iust Necessary and proper Prerogative to wit when done by vertue of his Prerogative which this Act devests him of not by a Natural much less a Violent death No part at all of this Prerogative but highest Act against it to its and his dissolution In his Answer to the Petition and Propositions of both Houses 2. June 1642. We were willingly contented to oblige our Self for the present exigent to raise monies and avoid the pressure no less grievous to us than them the people must have suffered by a long continuance of so vast a charge as two great Armies and for the greater certainty of having sufficient time to remedy the Inconveniences when during so long an absence of Parliaments as for the punishment of the Causers and Ministers of them We yielded up our Right of dissolving our Parliament expecting an extraordinary moderation from it in gratitude for so unexpected a Grace and little looking that any Malignant party should have been encouraged or enabled to have perswaded them First to countenance the Injustices and Indignities we have endured and that by a new way of satisfaction for what was taken from us to demand of us at once to confirm what was so taken and to give up almost all and now more than all the rest And in his Answer to their Petition of 10 Iune 1642. For that part of the Petition which seemed to accuse his Majesty of a purpose to dissolve this Parliament contrary to the Act for the continuance by commanding away the Lords and Great Officers whose attendance is necessary which his Majesty knows to be a new Calumny by which the grand Contrivers of ruine for the State hope to seduce the minds of the people from their affection to and jealousies of his Majesty as if he meant this way to bring his Parliament which may be the case of all Parliaments to nothing It is not possible for his Majesty more to express himself thereunto and his resolution for the Freedom Liberties and frequency of Parliaments than he hath done And who now considers how visible it must be to his Majesty ● that it is impossible for him to subsist without the affections of his people and that these affections cannot possibly be preserved or made use of but by Parliaments cannot give the least credit or have the least suspition that his Majesty would choose any other way to the happiness he desires to himself and his posterity bnt by Parliament From all which premises it is apparent That the King himself and both Houses of Parliament did never intend by this Act to prevent the dissolution of this Parliament by the Kings natural death the Act of God they could not prevent nor yet by his violent beheading which then they neither intended nor foresaw but by his own voluntarie Act and Royal prerogative by which he formerly adjourned prorogued dissolved Parliaments at it his pleasure 9 ly It is resolved in our Law-books That if an Act of Parliament refer to or confirm a thing which is not or a thing which is utterly against Common law Reason Justice as for a man to be a Judge or Witnesse in his own case or a thing that is mis-recited or repugnant or impossible to be performed there the Common-law shall controll and adjudge such an Act to be meerly void Plowdon f. 398 399 400. Cook 8 Reports f. 118. a. b. Ash. Parliament 13. Hobards Reports p. 85.86 87. But it is repugnant to Reason Justice Nature the intention of the Writs of Summons yea a thing impossible that the King should treat and confer with his Parliament after his death or the Parliament not determine by it Therefore were it particularlie provided for by this Act it had been void in Law as if this Act of Parliament had declared That a mariage between man and wife shall not be dissolved by the death of either of them but continue indissolvable by death against Nature experience Scripture Rom 7.1 2 3. much more then when not expressed nor intended by this Act as the premises evidence Xly. Admit the Parliament still continuing by this Act yet those now sitting neither are nor can be so much as an House of Commons much less the Parliament within that Act for these unanswerable Reasons 1. The House of Commons within this Act were a full and compleat House consisting of above 500 Members those now sitting in May 7 9. but 42. viz. Mr. Will Lenthal Quondam Speaker Henry Martin Lord Monson Mr. Chaloner Mr. Heningham Alderman Atkins Alderman Penington Th. Scot Corn. Holland Sir Arthur Hasletigge Sir Henry Vane Sir Iames Harrington Mr. Whitlock Mr. Prydeaux Mr. Lisle Col. Ludlow Mich. Oldsworth Iohn Iones Wil. Purefoye Col. White Henry Nevil Mr. Say Mr. Meston Mr. Brewster Col. Bennet Serjeant Wilde Mr. Goodwin Mr. Lechmore Col. Ingoldesby Mr. Blagrave Mr. Gold Col. Sydenham Col. Byngham Col. Ayre Mr. Smith Augustine Skinner Mr. Down Mr. Dove Iohn Lenthal Rich. Salaway Iohn Corbet Col. Walton there being 300. Members more of the old Parliament yet living besides those who are dead 2ly Those then sitting went in openlie like a House upon 40 daies general Summons by Writs setting without Gards secluding none of their Fellow Members by force Those now sitting stole sodenlie into the House in a surreptitious manner without any notice given to the people of the Nation or to those for whom they formerly served or to the