Kingdome of Heaven Upon which account they are now stiled Heirs of the Kingdom and shall hereafter inherit possesse this Kingdom receive the Crowns wear the Royal Robes sit upon the Thrones provided for them in it How then have the Enchanters of Rome Spain France so far infatuated your understandings blinded your Judgements intoxecated your Brains perverted your Wills corrupted your Affections seared your Consciences engaged your unrulie Passions as notwithstanding all this to make you Bedlam madde against all Kings Kingship Kingdoms Crowns Scepters Thrones Principaliteâ— and Kingly power as to a abhor and engage against both the things themselves and their verie names yea to extirpate them root and branch against his expresse Evangelical precepts word and practise of all his Saints in either Testament to dote upon such a strange Vtopian Common-wealth and new Freestate the verie names whereof much lesse the things you find not once in Scripture in your sense and never yet read of in the militant or triumphant Church of Christ. Let Mr. Prynne a little expostulate the case with you not as a Lawyer but as a Christian. Do you indeed believe the Scripture to be the very will and word of the Great King the Soveraign Lord and Iudge of all the Earth and of Jesus Christ the King of Kings the Lord of Lords and King of Saints which you are bound in Conscience under pain of eternal damnation to believe and obey If not proclaim it as loâ—d to the world with your Voyces as you do by your Sworde Actions and then all will know you in your Native colours to be no Saints but real Atheists and all reasonings with you will be in vain But having better perswasions of you That you believe the Scripture to be the only rule of your Consciences Iudgements Lives both as Souldiers and Christians Then answer clearlie to these interrogations The Lord of Hosts himself most peremptorilie and preciselie commands you To fear God honour the King 1 Pet. 2.17 Rom. 13.7 Yea to fear the Lord and the King coupling both these together as unseperable and not to meddle with those who are given to change Prov. 24.21 How can how dare you then dishonour vilifie reproach destroy both your natural Kings and Kingship too without the least fear at all of God or the King and change them into a New Republican Conventicle He commands you to subject your selves to the King as Supream both by the Ordinance of God and man and that for the Lords sake and avoiding scandal to Religion 1 Pet. 2.12 13. To be subject to the Higher Powers and amongst them more especiallie to Kings and Principalities and that not only for fear of wrath but for Conscience sake for these Reasons clearlie expressed Because they are of God and ordained by God Because they are the Ministers of God for your good Because they are Gods Avengers to punish you if you disobey resist or do evil Because they who resist them resist the Ordinance of God and shall receive to themselves damnation Rom. 13.1 to 8. Tit. 3.1 2. VVith what face heart confidence conscience then can or dare you not onlie not submit subject your selves to but exalt yonâ— selves above against your lawfull Soveraign Kings and Higher powers so far as not onlie to reâ—ist but destroy their Persons Powers Kingships Principalities themselves though Gods own Ordinance and that out of pretended Zeal and Conscience too and hope to receive a Crown on Earth or in Heaven for it when as God himself denounceth Damnation to you for your verie unwarrantable resistance of them alone and much more for their destruction God requires you to make Prayers Supplications Intercessions and giving of thanks first of all FOR KINGS that YOU may live a peaceable and quiet life under them in all Godliness and honestie for this is good and acceptable in the sight of God our Saviour To make prayers to the God of Heaven FOR THE LIFE OF THE KING AND OF THE KINGS SONS Ezra 6.12 13. To prâ—y with all the primitive Church and Saints of God Psal. 72.1 Give the King thy Judgement O God and thy Righteousness unto the Kings Son How can how darâ— you then not onlie neglect these Duties but prohibit condemn punish them as no lesse than High Treason in others and not onlie fight but curse revile pray against the King and the Kings Sons too and take away their lives livelihoods instead of praying for them reputing it both your godlynesse honesty yea a Duty acceptable and well pleasing unto God Hear Heavens and tremble O Earth at this great impietie God commands you Eccles. 8.2 To keep the Kings Commandement and that in regard of the Oath of God And dare you against all your Oaths of Fealty Homage Supremacy Allegiance Protestation League Covenant printed Declarations and your own Propositions 1 August 1647. That the Kings Person and Royal issue may be restored to a condition of safety honor and freedom in this Nation without diminution of their personal Rights both abjure eradicate King Kingship and the Royal Posterity that you may no more keep nor obey anie of their Superior Commands and prefer the Commands of anie undutifull Army-Officers raised onlie to defend the King and Parliament from all force and violences before both their Ordinances Proclamations Commissions Votes to both their ruines God injoyns you not to Curse the King no not in your thoughts not to revile or speak evil of the Ruler of your People Eccles. 10.20 Exod. 22.28 Acts 23.5 Tit. 3 2. And can you like those wicked Idolators Isay 8.21 Curse your King and your God and look upward and like those unjust carnal bruitish Beasts made to be destroyed and reserved to the day of Iudgement to be punished despise Dominion speak evil of Dignities Kings Kingship 2 Pet. 2.9 to 14. Jude 8 9 10. for which the â—ospel it self denounceth Woe unto you perishing in the gain-saying of Core Jude 11. that you shall utterly perish in your own Corruption and receive the reward of unrighteousnesse 2 Pet. 2.12 13. Christ himself more than once enjoyns you in the â—ospel To render to Caesar the things that are Caesars to wit all his Dues Tributes Custom Fear Honor Mat. 22.17 21. Mar. 12.16 17. Lu. 20.22 24 25. Rom. 13.7 how can or dare you then wrongfully forciblie take away and detain from your rightfull King Caesar not onlie all these his Dues and Crown-lands too but his verie Crown life to boot instead of making restitution of them to his Son when he came to demand the fruits of his Fathers Vineyard do and say with those wicked Husbandmen in the Gospel Mat. 21.38 39. Lu. 20.14 this is the Heir come let us kill him and the Inheritance shall be ours and cast him out of the Vineyard O remember the sad doom which Christ himself and all his Auditors have denounced against you for it
the King be dead the majority of their Voyces over-ruling his private Judgement as in all other Parliamentary Votes and proceedings gave a present sufficient call warrant to him and others to enter the House to debate it and act what and as they did which will satisfie all those who censure it as unwarrantable or contradictory to his judgement especially when they shall hear what he really intended to propose to the sitting Members when he got into the House had they not gone out to prevent it 1. He intended to inform them of those destructive Jesuitical ends and designs forementioned which they were now purposely called in to accomplish carrying along Thomas Campanella Richilieus Instrnctions with other Books papers of theirs and some printed Copies of the Republicans and others Good Old Cause truly and fully anatamised now put out and published to dis-engage them from its pursute at the first before they were engaged therein by any Votes or Actions if he could but gain audience or patience to hear them pressed on their Consciences Viva Voce But their unparliamentary adjourning on purpose to prevent it when he was in and forcibly resecluding him by armed Gards when once out he held himself bound in Conscience to publish that to them and the the world in print which he was not permitted libertie to speak as he formerlie did when forcibly imprisoned and kept from the House by the Armie as now upon the like account in his Brief Mememto to the present unparliamentary Iuncto from his Pison-Chamber at the Kings Head which they soon after took of Ian. 1. 1648. 2ly He intended to propose That all armed Gards of Souldiers in or near the Cities of London or Westminster might by publick Proclamation be removed to a convenient distance thence according to the antient Custome Presidents and Privileges of Parliament prohibiting not only all armed forces but the very bearing of any Arms or weapons in or near the place where the Parliament did sit under severest penalties lest they should over-awe the Members or any way interrupt their proceedings which the undutifull mutinous Officers Souldiers now in and near the City though raysed purposely to protect the Parliament and its Members from all force whatsoever have frequently done nay forcibly secluded imprisoned ejected the Members themselves sundry times yea turned the now sitting Members out of Doors and now again on Saturday last and this very Morning secluded him and sundry Members when they came to enter in 3ly That all the Lords all secured secluded Members of the old Parliament not sitting after Decemb. 8. 1648. now about the City being double in number to those now sitting might presently be called and freely admitted into the House And all living Members of the old Commons House elected or sitting at or before that time might by the Speakers Letter be desired in all their names to meet together in the Commons House forty daies after the ordinary time limited in most writs of Summons or Resummons of Parliament and nothing acted or voted in the inteâ—val as a House of Commons till they were all assembled after their ten years seclusion dissipation by the Armies force and war upon them This suddain unexpected Clandestine stealing into the Commons House of about 41 or 42. Members alone without any general notice given thereof to all the other surviving absent Members or places which elected them sitting presently as an House of Parliament accompanied with a present forcible seclusion of all but their own Confederates being a most unparliamentary practice conspiracy surprise unworthy Saints or persons of Honour destructive to the very being Privileges of Parliament injurious to the whole Nation as well as absent and secluded Members yea contrary to their own Republican Votes Principles That the Supream Authority of the Nation resides only in the Generality of the people That it cannot be transferred from them to any others in or out of Parliament but by their free consents and elections That their Representatives in Parliament ought to be equally distributed throughout the Nation No Member to be secluded when duly elected and all things to be carryed only by majority of Voyces Contrary to the principles of Law Equity common Iustice Reason which resolve that publick Acts of Parliament bind all men because they all are Parties and Assenters to them by their election of Knights Citizens and Burgesses impowred intrusted by them and present when they passed by their common assent Which they cannot be when the farre greater number are absent secluded and have no notice of their present sitting Contrary to common Right and that just Maxime inserted into some antient Parliament Writs of Summons and elections to Sheriffs quod omnes tangit ab omnibus approbetur that which concerns all ought to be approved by all And not only so but this their surreptitious fraudulent suddain sitting and acting by themselves as a Parliament if they proceeded would make them far more criminal and guilty of highest Treason than King Richard the 2d of old impeached and dethroned in the Parliament of 1 H. 4. amongst other Articles for this That the said King in his last Parliament at Salop purposing to oppress his people subtlely procured and caused to be granted That the Power of the Parliament by the consent of all the States of his Realm should remain with certain Persons to determine after the Parliament dissolved Certain Petitions delivered in the same Parliament at that time not dispatched By colour of which Concession the persons so deputed proceeded to other things generally touching that Parliament and that by the Kings will In derogationem status Parliamenti in magnum incommodum totius Regni pernitiosum exemplum In derogation of the State of the Parliament and to the great disprofit prejudice of the whole Realm and pernitious example And that they might seem to have some kind of colour Authority for this kind of their proceedings the King caused the Rolls of the Parliament according to his Vote to be changed and deleted contrary to the effect of the foresaid Concession which is likewise mentioned in the printed Act of 1 H. 4. c. 3. and thus amplyfied That a certain power was committed by authority of Parliament to certain persons to proceed upon certain Articles comprised in the Rolls of the Parliament thereof made and by authority aforesaid divers Statutes Iudgements Ordinances and Stablishments were made ordained and given erroneously and dolefully in great disherison and final destruction and undoing of many honourable Lords and Liege-people of the Realm and their Heirs for ever wherupon that whole Pariament of 21 R. 2. with all the circumstances and dependents thereupon were wholy reversed revoked voyded undone repealed and annulled for ever If this then were so high a crime and breach of royal Trust in King R. 2. even by consent and authority of the whole Parliament and three Estates subtilly to procure the power of
Objection For if the King never dies Then by their own confession and our Lawes we are still a Kingdom not a Republike yea Charles Steward as heir to his beheaded Father was and is still de Iure de facto the lawfull King of England and supreme Lord and Governour of our Church Kingdom there being no Interregnum ever since his Fathers death and then what becomes of all their absurd illegal Knacks against his Regality and Kingship it self of which they are forced now to pray in ayd to make themselvs a Parliamen of their Mock-Parliament without King and House of Lords of their perfidious treacherous Engagements against both and Supreme Authority of the Nation which they have tyrannically usurped 2ly Though the King in genere or rather Kingship it self never dies yet the King in Individuo may and doth oft times die and if the successive deaths of all our Kings since we were a kingdom be not a sufficient proof thereof the very Objectors and Iohn Bradshawes beheading the late King and putting him to such a shamefull publike death as no Pagan nor Christian lawfull King of England ever formerly suffered by perfidious perjurious treacherous Subjects since it was an Island against our Laws and Votes of Parliament in the Highest Court of Injustice created by them for that end is a sufficient evidence that the King of England dieth as well as other men as they all must likewise doe in Gods due time unless they will make the World believe to expiate their Treason that they did not kill the King in cutting off his head but that he is still alive because some others as is reported did reunite and sow it to his bodie when severed from it by them But of this enough since M. P. presumes they will henceforth rather renounce their Parliaments being than bottom its present existence upon this bloudy foundation and their exploded Kingship The 2d Objection is from the words of the Statute of 17 Caroli c. 7. which declareth enacteth That this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament In the Negative Ergo It shall not be dissolved by the Kings death being no Act of Parliament nor any Act of Parliament yet made for its dissolution Whereunto Mr. Prynne answers 1. That the sole end scope of this Act was not to provide against the dissolution of the Parliament by the Kings natural or violent untimely death not then thought of he being in perfect health likely to live many years by the course of nature and to survive all the ends for which this Act was made but to raise credit for the Parliament to provide monies by this Act to prevent the untimely dissolution proroguing adjourning of this Parliament by the Kings own regal power He having prorogued dissolved all former Parliaments during his Reign in discontent by his Regal power not death against the Lords and Commons wills 2ly This is intituled An Act to prevent Inconveniences which may happen by the untimely adjourning proroguing or dissolving of this present Parliament and the Prologue Body of the Act provide joyntly and severally against all three to wit the untimely proroguing or adjourning as well as dissolving of this Parliament But no Parliament ever was is or possibly can be untimely prorogued or adjourned by the Kings death but only by his actual Regal will and power Therfore the dissolving of it intended by this Act must be only an untimely dissolution by his actual will Commission writ and regal power alone by which his former Parliaments were prorogued dissolved against the Lords and Commons assents not by his death whether natural or violent being against his will and no part of his Regal Supremacy but only of his human frailty 3ly The Inconveniences the Commons feared would ensue by the untimely dissolution of this Parliament and endeavoured to prevent by this Act are thus expressed in the Prologue Where as great sums of mony must of necessity be suddainly advanced and provided for relief of his Majesties Army people of the Nothern parts of this Realm and to prevent the imminent danger this Kingdome is in and for supplying of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raysing the said mony which credit cannot be obtained untiil such Obstacles he first removed as are occasioned by Fears Iealousies Apprehensions of divers of his Majesties Subjects that this present Parliament may be adjourned prorogued or dissolved 1. before Iustice shall be executed upon Delinquents 2ly publike grievances redressed 3ly a firm peace between the two Nations of England and Scotland concluded 4ly and before sufficient provision be made for the repayment of the said monies so to be raysed all which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it therefore declared and enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by authority of the same That this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament to be passed for that purpose c. By which it is undenyable 1. That the Commons when they petitioned for the King when he declared enacted the Lords and Commons when they assented to this Act did never think of or intend to provide against a dissolution of this Parliament by the Kings untimely death nor of a future dissolving it by an Act of Parliament by his Successors or others after his decease but on the contrary presupposed the continuance of his life and of this Parliament thereby till all the inconveniences they recite were prevented and a new Act passed by him and them jointly to dissolve this Parliament when these Inconveniences were prevented and things effected Which is irrefragable 1. Because they declare in Terminis The speedy advancing and providing of monies for the relief of his Majesties Armies and people of the Northern parts not their subsequent Armies and the supply of his Maiesties present and urgent occasions not their own and the Fears Jealousies and Apprehensions of divers his Maiesties Loyal Subiects c. o be the only ground of their humbly beseeching his Maiesty for this Act. All which presuppose his life being preservation and the Commons great care of complying with him as their Soveraign Lord without the least thought of his untimely death since happening or secluding the King or his Poûeritie out of this and all future Parliaments by colour of this Act as those now fitting have done point-blanck against it 2ly The Fears Jealousies and Apprehensions they had occasioning this Act were only these That this Parliament might be adjourned prorogued dissolved 1. Before Justice shall be duly executed upon Delinquents then in being and complained of as Strafford Canterbâ—ry
the Ship-mony Iudges and others not new Delinquents since not then dreamed of 2ly Before publick Grievances redressed those then complained of not others arising afterwards 3ly Before a firm peace between the two Nations of England and Scotland concluded by reason of the former not subsequent breaches between them and the King 4ly Before sufficient provision to be made for the repayment of the said monies to be raised not for the Parliaments subsequent Armyes and occasions but for his Maiesties Army and people in the North the preventing the then imminent danger of this Kingdom not of our new Common-wealth or dangers since arising and for supply of other his Maiesties present not future and urgent occasions But none of these four particulars could be accomplished by the Lords or Commons alone after his Majesties death but by the King alone or by his concurrence with them whiles living Yea they were all actually accomplished in his life time long before his death The first by the Executions of Strafford and Canterbury the impeachments censures of the Shipmony-Judges and other Delinquents both in Scotland Ireland The 2d by the Acts abolishing Shipmony the taking of tonnage poundage and other Taxes without Act of Parliament the Acts for the preventing of Inconveniences happening by the long intermissions of Parliament For regulating of the Privy-Counsel taking away the Court of Star-Chamber and High-Commission against divers Incroachments and oppressions in the Stannary court For the certainty of Forests and their meets and bounds for the better ordering and regulating the Office of the Clerk of the Market for reformation of false Weights and Measures for preventtng vexatious proceedings touching the order of Knightship for the abbreviation of Michaelmas Term and for the free importation of Gunpowder and Salt-peter from forein parts and making of them in England By all these good Acts passed freely by the King soon after or before this Act he fully redressed all Grievances then complained of or intended within this Law The 3d. by the Act of Confirmation of the Treaty of pacification between the two kingdomes of England and Scotland The 4th by the several Acts passed for the Relief of his Majesties army And the Northern parts of this kingdom For the better raising and levying of Mariners and others for the present guarding of the Sea and necessary defence of the Realm not Republike For the Subsidies of Tonnage and poundage granted to the King for the speedy provision of money for disbanding the Armies and setling the peace of the two kingdoms of England and Scotland For securing such monies as are due to the Inhabitants of the Northern Counties where his Majesties Army have been billetted And for securing by publike faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland all passed and published by the King himself Anno 16 17 Caroli 1640. 1641. at least 7. years before his beheading It is most certain that all these ends of making this Law as the Prologue thereof and the word THEREFORE in the Commons prayer infallibly declare were fully accomplished by the King in his life so long before his untimely death Therfore none of theÌ„ now remaining to be performed all acted â—ince their accomplishment by those now sitting being diametrically contrary to this Act these ends and occasions of it this Parliament must of necessity be beheaded expired with the King and cannot survive his death 4ly The words That this present Parliament assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall at any time or times during the continuance thereof twice recited in the subsequent clauses be prorogued or adjourned unlesse it be by Act of Parliament to be passed for that purpose can be intended of no other but that present Parliament which passed this Act which consisted of The Kings Maiesty our Soveraign Lord by whom this and all other Acts passed or to be passed was declared and enacted and this intended Act likewise not of his heir or successor after his death and of the Lords and Commons House then in being not any new House of Lords or Commons succeeding after their deaths then sitting Therefore when the King was cut off by an untimely death and thereby an impossibility accruing to dissolve it by an Act of Parliament within the words or intent of this Act it must of necessity be dissolved by his beheading Impossibilities making Acts of Parliament to perform them meerly void as our Lawe makes Impossible conditions 5ly This Act and those who made it must have and had a retrospect to the Writs whereby it and they were summoned and the ends things therein expressed But they all determined and became Impossible after the Kings beheading Therefore the Parliament must be destroyed with him since cessante causa cessat effectus cessante primativo cessat derivativum as all our Lawyers Law-books and natural reason resolve 6ly The last Clause of this Act Thaâ— every thing and things whatsoever done or to be done to wit by the King or any other for the Adjournment proroguing or dissolving of this present Parliament contrary to this Act shall be utterly void and of none effect do clearly explain the meaning of this Act to be this That it extends only to things done or to be done by the Kings will and power as to his Commissions Proclamations Writs Warrants Precepts to adjourn prorogue or dissolve this Parliament as he had done others heretofore here declared to be utterly null and void not to his death wherein he was only passive being forcible against his will and the Parliaments too which death no Parliament can make null and void in respect of the Act it self so as to restore him to life though the whole Parliament and our three Kingdomes may and ought to null it in respect of the illegal manner of his Execution not to be paralel'd in any Age. 7ly The Commons themselves in their Remonstrance of the State of the Kingdom 15 Decemb. 1641. Declared That the abrupt dissolution of this Parliament is prevented by another this Bill by which it is provided it shall not be dissolved adjourned without the consent of both Houses Yea the Lords Commons in their Declaration of May 19. 1642. declare That excellent Bill for the continuance of this Parliament was so necessary that without it we could not have raised so great sums of monies for his Majesties service and Common wealth as we have done and without which the ruine and destruction of the Kingdome must needs have followed as since of the Kingdom and Parliaments too by pretext thereof And we are resolved the Gracious favour of his Majesty expressed in that Bill and the advantage and security which thereby we have from being dissolved by him shall not encourage us to do any thing which otherwise had not been fit to have done Which whether
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 â— 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
originally was and for whose service it was created as these memorable particulars evidence 1. They did quite set aside all those 5. againstâ—esuites â—esuites Seminary Priests Popish Recusants and the exercise of any tâ—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 Conteâ—â—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 Clotwoâ—thy Major General Brown Comissary Copâ—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 entâ—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
you again with hereditarie Kings and Kingship which you have so rashly brutishly perfidiously abjured out of meer self-ends and interests having not the least syllable in Scripture to justifie either the forcible bloudie manner of erecting new modelling your Illegitimate Commonwealth or your adopting it in the place of our old Kingdom and Kingship First of all consider that as Jesus Christ himself is a King by birth and inheritance Mat. 2.2 Lu. 1.32 33. So it is also his supremest royallest Title Attribute in the very Gospel that hee is King Lord of Kings Lord of Lords the Prince of the Kings of the Earth and the head of all Principalities and Powers Now the abolishing of Kings kingship Princes Lords divests Jesus Christ himself of these his most royal Titles and Soveraigntie Because he is thus stiled only in relation to earthly Kings Princes Lords who rule and reign over Kingdoms Nations by for through under him as his Ministers Officers Viceroyes Deputies and are appointed commissioned accountable to judged removed by him alone as subordinate Kings were by the Emperors Kings of Babylon Assyria Parthia and our Edgar who were stiled King of Kings because Kings were Subjects to them held their Crowns by from and under them and did homage to them as their Subjects as you may read at large in Mr. Seldens Titles of Honour part 1. ch 3. sect 2. and Dan 2.21 37 38.47 c. 17.25 many of these Kings losing this Title of King of Kings when their subordinate Kings and kingdomes revolted ceased or escheated into their own hands In relation to these Titles of Christ it is expresly prophecied Ps. 72.10.11 The KINGS of Tarshish and OF THE ISLES shall bring presents principally intended verified of this our Island of Great Britain which had the first Christian King we read of in all the world Lucius the first Christian Queen Helena the first and most glorious Christian Emperor Consiantine the Great the first Christian King who opposed abolished the Popes Supremacie Henrie the 8. the first Protestant King who by publike Acts of Parliament abolished both the Pope and Poperie and established the reformed Protestant Religion the first Protestant Queen who did the like to wit King Edward the 6. and Queen Elizabeth and more devout pious Kings Queens martyred for religion canonized for SAINTS and reputed such in the Churches of Christ and Kalendars of Saints than anie other Kingdom or Countrie in the world how great or populous soever as our own and forein Histories record to our immortal Honor. It then follows the Kings of Sheba Seba shall offer gifts yea ALL KINGS shall fall down before him in way of adoration by their president and leading example all Nations under them shall serve him How can how dare you then abolish Kings Kingship Lords especially in our Island without committing the highest Treason not only against our Kings and Lords but the Lord Jesus Christ the King of Kings and Lord of Lords Since REGNUM ANGLIAE EST REGNUM DEI IPSE SIBI REGES PROVIDEBIT as our Historians inform us And can you resist his power with all your armed forces are you stronger than he when he shall enter into judgment with you for depriving him of these Titles 2ly Consider It is Gods special promise covenant made to Abraham the Father of the Faithfull Gen 17.6 I will make thee exceeding fruitful I will make Nations of thee Kings shall come out of thee And his extraordinarie blessing on Sara v 16. I will bless her she shall be a Mother of Nations Kings of People shall be of her 3ly It was Iudah his blessing Prerogative Gen. 49.8.10 Thy Fathers children shall bow down before thee The Scepter shall not depart from Iudah nor a Law-giver from between his feet until Shiloh come 4ly When Balaam prophecied of the happiness prosperity of Israel he useth these as the highest expressions thereof Num. 23.21 c. 24.7 The shout of a KING is among them and his KING shall be higher than Agag and his Kingdoms shall be exalted 5ly It is recorded by the Spirit of God 2 Sam 5.12 David perceived that the Lord had established him King over Israel and that he had exalted his kingdom for his people Israels sake And when God after he made him King over them had promised by the mouth of the Prophet Nathan 2 Sam 7.10 Moreover I will appoint a place for my people Israel and will plant them that they may dwell in a place of their own and move no more neither shall the children of wickedness afflict them as before time under their Iudges How did God effect this promise but by establishing an hereditarie kingdom amongst them in David during his life whom he caused to rest from all his Enemies round about And when thy dayes be fulfilled and thou shalt sleep with thy Fathers I will set up thy seed after thee which shall proceed out of thy bowels and will establish his Kingdom And thine House and thy kingdom shall be established for ever before thee and thy Throne shall be established for ever Ver 11 12 16. How much holy David was transported yea ravished with this News from heaven and with what enlargement of Spirit he blessed God for and prayed for the accomplishment of it as the greatest blessing and confirmation of his people Israel by God himself v 23 24 and the highest honor blessing to his own house you may read to the end of the Chapter Thus again amplified by him in his Speech to his Princes to his Captains of thousands of hundreds Officers and other mighty men 1 Chron 28.4 to 10. The Lord God of Israel chose me before all the house of my Father to be King over Israel for ever and he hath chosen Iudah to be Ruler of the house of Iudah the house of my Father and among the sons of my Father he liked me to make me King over all Israel and of all my sons he hath chosen Solomon my son to sit upon the Throne of the Kingdom of the Lord over Israel And he said unto me I will be his Father Moreover I will establish his kingdom for ever if he be constant to doe my commandements and my judgements as at this day Now therefore in the sight of all Israel the congregation of the Lord and in she audience of our God keep and seek for all the commandements of the Lord your God that you may possess this good Land and leave it for an Inheritance for your children after you for ever An hereditarie Kingdom being the chiefest means and blessing under God to preserve the inheritances not only of the Princes Nobles and mightie men but even of Colonels Captaines and Souldiers themselves in Gods and Davids computation who lost all they had by forsaking their lawful Hereditarie Kings and were carried into captivitie 6ly The accomplishment of this Promise to David his seed was reputed an
CARDINAL the same question as his Father once did the King of Spaine when he was almost easilie intreated to have turned to the Faith Catholick How shall I said he ever expect to be King of England if once the English should understand I have turned Catholick To which they easilie gave a satisfactorie resolution telling him That as the case now stood he must never look to be admitted but by fire and sword the main force of Armes must make way for him neither could he in the least atchieve that or put it in execution without the ayde of Catholike Princes which they will never be brought to act in without a firm assurance of your real and faithfull conuersion What impressions the News of his Fathers decollatioÌ„ made upon him what use the Cardinal and Iesuits made of it to induce him and others to Poperie and what endeavors were used by the Iesuits to make up a peace between the Spanish and French to invade England and make it their prey if he would turn Papist under pretext of restoring him to his Crown you may read in this Iesuit p. 33 34 35 36. and in Militiere his Victorie of Truth dedicated to King Charles after his Fathers death to pervert him in his Religion as the only means of his restitution These Passages of this Iesuit who stiles himself p. 39. The faithful Servant of the Common-wealth of England dedicated to President Bradshaw himself and printed by his SPECIAL COMMAND and our Republican Governours now sitting Ann. 1650. when Mr. Prynne was committed close Prisoner by them without hearing or accusation will justifie the truth of all his former Discoveries That your beheading the King and degrading our Kingdom into a New Free-State was the verie French Cardinals Spaniards Popes and Iesuits plot to ruin both our Protestant Kings Kingdom Church Religion even by your own confessions and that it gave unto them strong arguments to perswade the Kings posteritie and partie for ever to abominate our Religion as manie of them have done upon this very account though the King himself and his Brothers yet continue constant through Gods mercie against all provocations to their eternal honour but your perpetual infamie who have put them upon such direfull Temptations 2. Before you engage in any other Business peruse all former Acts and Petitions of our Protestant Parliaments since 1 Eliz. to this present against Iesuits Seminarieâ—Priests Papists Poperie the manifold mischiefs dangers accrewing by their increase toleration and suspension of our Lawes against them the causes of their growth amongst us and remedies to prevent the same Then put them all with the Oath of Abjuration and 5. Bills against them assented to by the late King in the last Treatie into immediate impartial vigorous execution 3. Imploy faithfull knowing stout active persons with sufficient power and encouragements to discover detect apprehend them under what ever disguise and shelter they now secure themselves Especially take diligent care to ferret these Romish Vermin and Troublers of our Israel out of all your Armies Garrisons Camps and all Sectarian separate Congregations the Boroughs wherein now they lurk securely by putting them all to the Test of the Oaths of Abjuration Supremacie and Allegiance 4. Permit no Seminarie Priests Friers Romish Emissaries of any Nation but especially no Iesuits of any their 4. ranks to remain in our Realms or Dominions it being impossible to enjoy any peace settlement in Church or State or to expect anie dutifull obedience quiet in or from the Armie whiles these firebrands of Sedition Treason remain within our coasts upon which account they have been by sundrie Proclamations of Queen Elizabeth King Iames and King Charles not only banished out of England Scotland Ireland and all their Dominions but likewise out of France Germanie Poland Bohemia Austria Moravia Transilvania Hungarie Venice and other Popish Kingdomes States as well as out of the Netherlands Denmark Sweden and Protestants Territories as the Authors of all their Wars Troubles Tumults Insurrections Rebellions Treasons Regicides and the publike Pests of Church and State 5. Put no arms into Anabaptists or Quakers hands formerly decrying them as unlawful lest London become another Munster and England another Germanie in few moneths space 6. Since Christ Iesus who is truth it self hath laid down these 3. Gospel-maxims of infallible veritie Mat 7.15 to 21. Lu. 6.43 c. That Ravenous wolves in sheeeps clothing as well as trees are and shall be known by their fruits John 8.44 You are of your Father the Devil for his works ye doe Rom. 6.16 That to whom ye yield your selves servants to obey his servants ye are to whom ye obey If all the premises infallibly convince your Consciences Judgements as they will and must do That all the forementioned fruits you have produced since December 4. 1648. are the proper fruits of Iesuits and Romish wolves in sheeps clothing yea the very worst sowrest of all their Fruits and Powder Treasons That the workes you have done in murdring our Protestant King destroying our Parliaments Kingdoms Government Laws secluding your fellow-Members and Lords House by force erecting your New Republike and Parliamentarie Conventicle c. are the Works of the Iesuites and Devil That you have yielded up your selves as obedient servants unto them in everie of these against your own former Oaths Protestations Vows Covenants Declarations Commissions Principles Professions Judgments rightly informed consciences the Votes Obsecrations Disswasions of your Fellow Members and most indeared Protestant Friends Ministers Relations the Indentures Desires of those Counties Burroughs you represent And that the very Principles by which you have acted since Dec. 1648 and now again are the very Jesuits principles as you may read at leisure in Iohannis Mariana De Rege Regum Institutione l. 1. c. 6. Creswels Philopater Franciscus Verona Constantini Apologia pro Johanne Castellio et Jesuitis Iesuitae Reinaldi liber De Iusta Reipublicae Christianae in Reges Impios et Haereticos authoritate c. published under the name of William Rosse in Ludovicus Lucius Historia Jesuitica l. 2. c. 3. Hospinian Hist. Jesuitica l. 3. 4. Speculum Jesuiticum printed 1644. wherein you may truly view your Iesuitical Physiognomies heads perrewigs instead of your old genuine Protestant complexions brains notions hair And if the present fresh Addresses Petitions of Anabaptists Quakers Sectaries from Southwark Warminster Hertfordshire Kent and other places to the Army-Officers and your selves with their late listings in the Army affronts to Ministers in their Churches ejection of some of them to intrude themselves alreadie budding forth sufficiently discover whose Servants you are and whose drudgerie you must execute O then immediately abjure rescinde and null them all with highest indignation and persist no longer in any such destructive waies counsels projects under any pretext consideration interest or perswasions whatsoever But rather remember Mr. Oliver Saint-Iohns words now sitting amongst you in his Argument at Law