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A56142 A brief necessary vindication of the old and new secluded members, from the false malicious calvmnies and of the fundamental rights, liberties, privileges, government, interest of the freemen, Parliaments, people of England, from the late avowed subversions 1. of John Rogers ... 2. of M. Nedham ... / by William Prynne ... Prynne, William, 1600-1669. 1659 (1659) Wing P3914; ESTC R1799 48,614 65

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pain of damnation The first is Mat. 7. 12. All things whatsoever ye would that men should do unto you do ye even so to them for this is the Law and the Prophets The 2 is Mat. 22. 21. Render therefore to Caesar the things that are Caesars and unto God the things that are Gods The 3. is Luke 3. 14. Do violence to no man neither accuse any falsly and be content with your wages The 4. 1● Rom. 13. 7 8. Render therefore to all their dues c. Owe nothing to any man but love one another The 5. is Prov. 24. 21. My Son fear thou the Lord and the King and meddle not with those who are given to change The 6. is Ps. 4. 8. Whatsoever things are true whatsoever things are honest whatsoever things are just whatsoever things are lovely whatsoever things are of good report do And if he can found his present or former Parliament Republike or Interest will not lie and forecited Conclusions on these Principles I shall be his Proselyte till then I cannot I dare not but renounce them as Jesuitical Atheistical Diabolical I shall not follow him in his Wild-goose chase any further to prove the old Parliament undissolved and now revived what he writes of * Cromwels Parliaments and Conventions during the preternatural dead Interval from April 53. to May 59. That they had not the legal force and vertue of Parliaments That they were nothing in Law of themselves being creatures of another extraction though he writ the quite contrary in his life-time That the Members of this revived Parliament ●itting in them did not own them for legal Parliaments That their sitting in them as Parliaments could not prejudice nor conclude the Body now sitting because a body of men in equal power and right cannot be concluded by particular acts done by their own Members without consent of the rest And that though they did not own those Parliaments nor the power that called them yet their many and great complaints of their being secluded from them by force or new Oathes as an infringement of the Peoples right in Parliament were just and they might well complain because their complaint of violation was grounded only upon the General Right inherent in the People will fully manifest the Parliament of King Charles to be totally dissolved by his death notwithstanding any private Members sitting in it afterwards his pretended Parliament of Commonsg then and now sitting to be no Parliament at all nor yet revived in Law or verity that yet M. Prynne and other Members might justly complain of their forcible seclusion from it in the peoples general inherent right as themselves did when secluded from Cromwels Parliaments which they held void and null And that if it be still in being and was only suspended by Cromwels 6. years force in respect only of the actual exercise of their power not their inherent right which is now revived All the secluded Members Lords and Charls Stewart too ought in right and justice to be recalled and remitted to their rights from which they were forcibly interrupted as well as those now sitting having no legal power ground nor colour to seclude them as I have already proved To cloze up this Question I shall propose this Dilemma to my dissenting Opponents If the old Parliament were totally and finally dissolved by the Kings death as Rogers confesseth and Nedham grants in point of Law and Reason Then those few Commons sitting after his death and now again cannot possibly be a Parliament nor Committe of Parliament in any sence 1. Because never summoned by any writ to any such Parl. as this 2. Because never elected intrusted by the people who elected the in the old Parliament to sit in this or any other Parliament without a King and House of Lords 3ly Because not new elected by their old electors or any other Counties Cities Boroughs since the Kings death to sit alone as then or now they do 4ly Because permitted desired to sit at first only by the Army-Officers their former mercenary Servants and now invited to sit again only upon some of their motions having no pretence of Law or right to elect or create them a Parliament or Representative of the People of England much lesse then of Scotland and Ireland 5ly Because they are not the fifth part of a Commons House for number or quality by our old Laws Statutes or the new Instrument or Advice most Counties Cities Boroughs of the Nation having not so much as one Knight Citizen or Burgesse in it to represent them and Scotland Ireland none at all and so by the Armies own Declaration at St. Albans their own Agreement of the People and own Votes for An Equal Representative can be no Parliament at all but the highest archest Traitors to usurpers over the whole Kingdoms Rights and Privileges In the * Parliament of 15 E. 2. in the Act for the Exile of the two Spencers Cl. 15 E. 3. m. 32. dorso the Parliaments of 4 E. 3. rot Parl. n. 1. 28 E. 3. n. 9 10. 21 E. 3. rot Parl. 11. 21. 21 R. 2. rot Par. n. 15 16. 22. R. 2. rot Par. n. 3. Plac. Coronae n. 7 to 16. it was ' adjuded resolved declared by the King and Parliament that the accroaching and usurping of REGAL POWER by the two Spencers Roger Mortymer Earl of March the Duke of Glocester Arundel Archbishop of York the Earls of Arundel and others by keeping the Lords Great Men and Counsel of the King from his presence the Parliament and Council by placing and displacing publike Officers at their pleasures By condemning executing Lords and others of the Kings Subjects without his privity by might and power both in and out of Parliament By not permitting the King to hear the petitions and complaints of his Nobles and People and to do them justice against these usurpers oppressions to their own and the Kings disinheriting By compelling the King to grant pardons to Rebells and others who slew his faithfull Lords and Subjects By seising disposing of the Kings Treasure and Revenues at their pleasures and enforcing the King to grant them a Commission to manage his Royal affairs trust and revenues in restraint and derogation of his royal power and prerogative was no lesse than High Treason by Law For some of which encroachments of Regality some of them were Banishen others of them Beheaded and Executed as Traytors and their Estates confiscated by Iudgements and Acts of Parliament If then the encroaching and usurping of REGAL POWER in any of these particulars be no lesse than HIGH TREASON by the resolution of these Parliaments then questionlesse the usurpation exercise not only of Regal power in the highest degree in calling creating dissolving Parliaments giving the royal assents to Bils Pardons executing Lords Commons creating publike Officers making new Seals issuing out Writs Commissions making Warr and Peace coyning Money c. but also of Parliamental power too in making
no Army at all but a rebellious rout and all Members concurring with them therein no Members no Parliament at all The sequel is infallible Therefore Nedham must either now disclaim this desperate Jesuitical position with all his 3. Treasonable Conclusions from it or else henceforth disclame the Army-Officers Army and their formerly suppressed now revived Parliament 11ly Admit his Paradox true that the King by his war against the Parliament actually ceased to be a King c. yet his Inference thence that the Parliament was not dissolved by his death but continued after it is most false yea the contrary thence inevitably follows that it was wholly dissolved long before his death so soon as he ceased to be a King and became a private person and that by the expresse resolution of the whole Parliaments of 22 R. 2. and 1 H. 4. rot Parl. n. 1 2 3. in a case most like to ours * Henry Duke of Lancastér raising a great Army to lay Title to the Crown King Richard the 2d bringing an Army to suppresse him the King finding his forces over-weak and the Dukes too potent for him having seised Bristol and other forts thereupon a Parlee was had between them and agreed King Richard should summon a Parliament at Westminster wherein he should resign his Crown renounce his Kingship and the Duke to succeed him Upon this he accordingly summoned a Parliament where he formally resigned renounced his Kingship and was actually deposed of it by sentence and Henry the 4. who claimed the Crown upon his resignation declared King Which done it was resolved declared both by the Parliament King Lords Commons Judges that this Parliament was actually dissolved by King Richards deposing to all intents and a new Parliament ordered to be summoned by King Henry in his own name wherein he was declared crowned King and the resignation deposing of Richard the 2. ratified and recorded Therefore by the resolution of both these Parliaments by Nedhams own position if true the last Parliament of King Charles was so farr from being continued only by his wars even after his death which else would have dissolved it without dispute that it actually dissolved it in his life time six years before his death by degrading him from his Kingship and making him a private person And then his Westminster Juncto sitting from 1648. to 1653. and now again cannot have the least shadow of right law reason to fit act as any part of the * last Parliament summoned by the King neither could the whole Parliamentary and supreme power descend or be transferred to them alone by any Law or colour of right whatsoever by the Kings war death or our seclusions as he most absurdly concludes 12ly The sum of all Nedhams discourse to support his present Parliaments and Republikes right title is but this That in civil wars and commotions the conquering or prevailing party gains a legal Supreme Authority and Parliamentary power over over the whole That the Kings royal authority devolved by conquest to the Parliament the whole Parliamentary Authority to his Juncto by their forcible seclusion of the Majority of the Commons and suppression of the House of Lords And if so then by the self-same consequence the whole Kingly and Parliamental Authority was lawfully devolved on the Lord Gen Fairfax and Army-Officers when they seised the King secluded the Members suppressed the Lords and placed Guards on those that sat in 1648. Or at least to such of the Officers as were then Members of the Commons House not to the Juncto since or now sitting That afterwards it descended devolved to Gen. Cromwell a principal Member when he conquered and turned the Juncto out of doors Apr. 20 1653. as he and the Army-Officers then argued who thereupon after some Moneths exercise thereof by making New Laws and imposing New Taxes at Whitchall † Anno 1653. afterwards transferred it by deed to their Litle Conventicle elected by them in September part of which resigning back their Supreme power to Cromwell he thereupon claimed it as wholly and absolutely vested in himself without any limits as he declared in his printed Speeches 1654. and 1657. whereupon he retained it under the Title of A ROYAL PROTECTOR till his death then delegating it to his Son Richard who by this original Title enjoyed it till overpowred by his Brother Fleetwood and other Army-Officers who by this right of the Long Sword alone unprotectored him and then called in the remainder of the Old Juncto to sit and act as a * Parliament under them So that by Nedhams Doctrine the Supreme Regal and Parliamental power is legally residing in those Army-Officers who have conquered all the rest till some other greater stronger power shall be able to conquer them and his Westminster● Conventicle is but their Substitute to act vote what they shall prescribe And by the self-same principle as the Army-Officers by rebelling against and suppressing the Parliament and their Masters who raised waged them for their defence contrary to all Laws of God man their own Oathes Commissions thereby gained a just and legal Title as he argues to the Supreme Regal and Parliamental Authority of the Nation not the people in whom they pretended it to be vested to any Traytor by killing or dispossessing his lawfull Soveraign any Son by killing or disseising his Father any Servant by imprisoning killing or tu●ining keeping his Master out of doers every Theef plunderer in the world able by force to take away any persons purse goods house lands or shall by power make himself a Judge Justice Magistrate or take away another mans wife shall have a just and legal Title against the owners and all others and Nedhams Parliament and new Republike can neither condemn nor execute any Thief Pirate Murderer Plunderer Adulterer Ravisher nor punish any disseiser or wrong-doer whatsoever that ●●a stronger than the party injured since they all may justifie their force actions to be lawfull against the letter of the 6 7 8 9 and 10 Commandements by the self-same Law Divinity Saintlike Title of the longest Sword the greatest might and prevailing party I hope by this time he and all others clearly discern the desperate fatal consequences of his Jesuitical position and that his Interest will not lie is but a meer sink of Lies and destructive paradoxes If all this will not help to prop up the legal Soveraign Authority of his present Parliament and Republike he hath 3. other Pillars to support them p. 37. 1. The Law of Necess●●y a pretty bull when as the old proverb resolves Necessitas non habet legem I am sure it will now admit of no Law Justice Conscience Equity 〈◊〉 Did not the beheaded King plead this Law for Ship-money Excise and other illegal projects yet the long a Parliament adjudged necessity in these cases to be no Law nor Plea at all And shall those very Members plead it in their own case now who then
of the earth The Lord which sitteth in heaven be his Defender for ever and ever through Jesus Christ our Lord Amen After sundry such prayers and his Coronation all the Spiritual Temporal Lords present kneel down and do their Homage to him in these words I become your Man and shall be faithfull and true and troth bear unto you our Soveraign Lord and to your heirs Kings of England of life and limb and of earthly worship against all men that now live and die And I shall do and truly knowledge the service of the Lands which I claim to hold of you So God help me All of them kissing the Kings left cheek The Homage being ended they all touch the Crown with their hands by way of Ceremony as promising to support it with all their power Which done they All holding up their hands together in token of their Fidelity with one voyce on their knees say We offer to sustein and defend you and your Crown with our Lives lands and goods against all the world and with one voyce cry God save King CHARLES Which all the people follow with reiterated shouts and acclamations After the Coronation of every King and of our last King Charles in all Churches Chapels and religious Families throughout his Dominions and in both Houses of Parliament every day they sate as well after as before the wars constant publique and private prayers were continually made to like effect for Him and His royal posterity as the Liturgy Collects in the Book of Common Prayer the Directory it self the Practice of Piety other Prayer-books prescribing forms of Prayer for private persons and Families morning and evening and every mans experience attest yea such was our zeal and devotion in this kinde that most persons concluded all their Graces before and after meat with this prayer or the like in effect God save his Church our King Prince the Royal issue and Realms God send us peace in Christ our Lord Amen As being Englands true Interest both as Men and Christians How can how dare we then unpray renounce abjure engage subscribe vote fight against all those publike private prayers Graces we thus constantly fervently made to God for sundry years together and the Oathes Homage Fealty Protestation Solemn League and Covenant we successively swore in the name presence of Almighty God with hands and hearts lifted up to him by praying engaging subscribing voting fighting against the Kings right Heir Successor and Royal Issue and banishing dishinheriting renounci●g abjuring secluding them out of all our Churches Prayers Realms for ever to set up an Vtopian Republike without * mocking God himself to his very face willfully violating this Evangelical precept contradicting the practice of all the Churches Saints of God in all ages places yea disclaiming Englands publike with our own private Interest and forfeiting our own eternal Interest in Heaven as we are Saints and Christians I beseech all Christian Englishmen in the name and fear of God most seriously to consider and lay it close to their consciences without delay and examine how they can justifie excuse it either to God or Man 3ly By the extraordinary inundation growth increase of all sorts of Blasphemies Heresies Errors Religions Sects Atheism Irreligion prophanesse contempt rejection denial of Gods word Sacraments Ministers Ordinances Prayer singing of Psalms Catechising repetition of Sermons Apostacy Lukewarmnesse Hypocrisie Perjury Spiritual and outward pride effeminacy luxury whoredom incest hypocrisie formality envy hatred malice back-biting slandering sacrilege libertinism covetousnesse oppression cruelty all sorts of ●ins and wickednesses whatsoever The strange decay decrease of true real Christian zeal piety devotion faith love charity brotherly kindnesse heavenly mindednesse contempt of the world fear of Gods threatnings judgements and all other Christian graces virtues substractions of Ministers Tithes Dues Glebes Rewards Pensions Benefices Augmentations scorned reviled railed against disturbed persecuted by Sectaries Quakers sequestred suspended ejected silenced by Arbitrary Committees as meer Tenants at will of their Ministry and Freeholds ever since the abolishing of Kings their Nursing-Fathers by those various Step Fathers and Plunderers of the Church and Ministers who have hitherto succeeded them and given publike toleration protection to all Religions Sects Seducers almost to the total extirpation of the true Orthodox Reformed Religion throughout our Dominions To this I shall adde that as there neither is nor can be any possible ease or cure of dislocated fractured joynts bones limbs in the natural body nor restitution of health and soundnesse to it by any unguents cerots balms bolsters or artifices whatsoever but only by the timely speedy restitution of every bone joynt member to its proper place and keeping them therein by strong astringent medicaments and ligaments So all our new State-physicians Chirurgions a Politicians Councils at Westminster White-hall or in the Army with all their ar● skill for near 12. year● space together by all their New-projected models of Republikes Parliaments Governments since the abolishing KingS and Kingship could not hitherto ease cure or restore to health the inverted broken bodies of our Church State which have grown every year more and more consumptive convulsive decrepit incurable disquieted tormented and lie now at the very point of death under all their several applications as we feel by sad experience because they have not endeavoured to restore the fractured dislocated chief Members bones joynts there of to their proper places but laboured all they could to keep and put them further out When as there neither is nor can be any probable or possible way of restoring ease health soundnesse safety prosperity to them but by a speedy restauration of their lawfull hereditary Head and Noblest Members to their due places offices in them This consideration not only the secured and secluded Members made the ground-work of their premised Vote Decemb. 5. 1648. upon the long Debate but likewise both Houses Kingdoms and those now sitting together with them the basis of their Protestation League Covenant Petitions to and Treaties with the late King and of these two Memorable Protestations Passages in their b Declarations of October 22. and Novemb. 2. 1642. worthy consideration We the Lords and Commons in this present Parliament assembled do in the presence of Almighty God for the satisfaction of our Consciences and the Discharge of that great trust which lies upon us make this Protestation and Declaration to the Kingdom and Nation and the whole World That no private passion or respect no evil intention to his Majesties person no design to the prejudice of his Just Honor and Authority engaged us to raise forces or take take up Arms against the Authors of this war wherewith the Kingdom is now enflamed and We have alwaies desired from our hearts and souls manifested in our a●tions and proceedings and in several humble Petitions and Rem●nstrances to his Majesty professed our Loyalty and obedience to his Crown readiness and resolution to defend his