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A91359 Prynn against Prinn. Or, the answer of William Prynne, utter Barrester of Lincolnes Inne: to a pamphlet lately published by William Prynne Esquire, a member of the House of Commons. Intituled A Briefe Memento to the present un-parliamentary Juncto, touching their present intentions and proceedings to depose and execute Charles Steuart, their lawfull King. January 25. 1648. Imprimatur Theodore Jennings. Purefoy, William, 1580?-1659. 1649 (1649) Wing P4228A; Thomason E540_6; ESTC R205753 6,607 15

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Prynn against Prinn OR The Answer of William Prynne Utter Barrester of Lincolnes Inne TO A Pamphlet lately published by William Prynne Esquire a Member of the House of COMMONS INTITULED A Briefe Memento to the present Vn-Parliamentary Juncto Touching their present Intentions and proceedings to Depose and Execute Charles Steuart their lawfull King January 25. 1648. Imprimatur THEODORE JENNINGS LONDON Printed for Robert Ibbitson 1649. Prynne against Prynne OR The Answer of William Prynne to a Pamphlet intituled A Briefe Memento to the present un-Parliamentary JUNCTO I William Prinne Utter-Barrester have lately perused a Pamphlet intituled A briefe Memento to the present Unparliamentary Juncto Touching their present proceedings to depose and execute Charles Stuart their lawfull King and set forth by William Prin Esquire a Member of the House of Commons And I have weighed the Reasons whereupon the said William Prinne the Member would indeavour to disswade the rest of the Members now sitting in Parliament from acting or proceeding against the King And I William Prinne the Barrester doe call to mind That I did heretofore publish a large Treatise called the Soveraigne power of Parliaments and Kingdomes Which I have divided into four parts And in this Treatise I William Prinne the Barrester have pleaded the Parliament and Kingdomes Cause against the King and his party And I have asserted this truth as the sum of all That the Parliament is the highest Soveraigne power of all others and I have in my Epistle to the Reader before my first part second Edition affirmed this That I have proved the particulars contained in that Treatise with Arguments and Reasons seconded and fortified with such Domestick and Forraine Presidents and Authorities of all sorts as well divine as humaine polliticall historicall and legall as may effectually convince the obstinate wills abundantly satisfie the most seduced prejudicated judgement and resolve the most scrupulous conscience and eternally silence the ignorant and most malicious tongues and pennes of all Royalists and Antiparliamentary Malignants who are not willfully wedded to their long espoused errours or more inamored with fordid Court flattery for private selfe ends then fairest though hated ungainefull verity which aimes at nothing but publique good And further I William Prinne the Barrester have in my said Epistle protested before the great Judge of Heaven and Earth that I have therein wittingly maintained nothing at all but what my judgement and conscience unbyassed by any sinister end or private respect as aiming at nought else but the glory of God the settled weale and tranquillity of our distracted bleeding dying Church and State the onely motives engaging me in this service informe me to be a well grounded antient pregnant though lately overclouded undiscovered neglected much oppugned truth And that albeit most of the particulars contained and debated in that Treatise have for many years beene decried that I may not say stigmatized for seditious dangerous Antimonarchicall Paradoxes if not worse by the generall Torrent of Court Parasites Lawyers and Theologues That yet I doubt not but when seriously examined by the true Principles of Religion nature Law policy the various presidents and authorities of former Ages and throughly digested without prejudice or partiallity They will appeare yea shine forth to be most necessary profitable loyall State securing peace procuring verities yea as the very nerves and sinews to unite the pillars to support the bullwarke to protect both Church and State against all Invasions of Heresie or Tiranny and to keepe all the potent Members of them within their severall bounds And the truth of this my Position That the Kingdome in Parliament assembled is above the King I William Prinne the Barrester have speciall reasons in my sayd first part Pag. 6. Because the King was first created and instituted by the kingdome and people and not the kingdome and people by the King Because the King was ordained onely for the kingdome and peoples service and welfare not the kingdome and people for him Because as the kingdome and people first created So they still limit and confine the Kings Jurisdiction by Law to which they are and ought to be subject Because the kingdome and people obliege the King by a solemne Oath to rule according to Law and to be obedient unto Law Because the kingdome and people have power to depose the King in case he contemne the Law and violently rob and spoyle his Subjects Pag. 100. Because the whole kingdome and people are the originall supreme soveraigne power by whose common consent and authority all lawfull Kings kingdomes and Royalties were at first created and instituted and from whom they derived all their Regall Jurisdiction Likewise I William Prinne the Barrester have shewed pag. 7 8. That Parliaments have challenged and executed a just and legall power as they deemed it to depose their King for not governing according to Law for following and protecting evill Councellors for oppressing their Subjects and for making warre against them And I have instanced in thirteen Kings of this Realme who have been so dealt withall whereof five since the Conquest And Page 29. I William Prin the Barrester have inserted inter alia the Articles whereupon King Richard 2. was deposed with these words for addition page 30. which how parallel they are to the Court practises and doctrines of our times let wise men determine and page 80. I have made further Observations and Justifications upon the President of deposing Richard the second and I have inserted the whole proceedings touching that deposition And page 78 I have set forth the Passages upon the deposition of R. c. 2. and likewise made further observations and justifications thereupon Likewise I William Prin the Barrester have shewed page 9. That the Crown hath often been translated by Parliaments from the right Heirs and setled on others who had no lawfull right or title to it And I have instanced in twelve particulars of this kind whereof seven since the Conquest And particularly that after the death of William Rufus The Clergie Nobles and Commons refused to admit of any King but with capitulations and caveats to their own liking and upon which termes they elected King Henry the first though he were not next heir to the Crown All which particulars with much more of the like nature I the said William Prin the Barrester have set forth in my said first part of the Soveraign power of Parliaments and though I have mentioned them to have been acted and done by Popish Parliaments Popish Barrons Prelates and Commons yet I have not instanced That any of them were done upon any Popish principles but for better clearing of the generall reason of them all I William Prin the Barrester have added p. 20. of the said first part That these Jurisdictions were thus practised by the people to preserve themselves and the Kingdome from slaverie and desolation and that the Actors therein have been stiled Anglie Reipublice zealatores And as
Superiour if they be taken particularly and distributely as single men as the words parem superiorem in the singular number and the like explaine the meaning of the Bookes to be but it wee take them collectively in Parliament as they are one Body and represent the whole kingdome then these very Authours resolve in their fore-quoted words that they are above the King and may yea ought to restraine and question his actions his male admistrations if there be just cause Secondly Bracton explaines himselfe how he is highest and without a Peere to wit in distributing justice That is he is the highest Justiciar in the kingdome but as low as any in receiving justice And further that the Oath of Supremacy that the King is the onely supreame Governour relates onely or at least principally to the Popes and Forraine Princes authorities formerly usurped in this Realme as the Title words and scope of the Statute of 1. Eliz. cap 1. and the very next words in the Oath it selfe undenyable manifest therefore it referres not at all to Parliaments or their jurisdiction Power Superiority Preheminence or Authority nor are they so much as once thought of by the prescribers of this Oath which had its creat on and authority from the Parliament And I William Prinne the Barrester having thus answered the Oath of Supremacy This semblable answer may be added touching the Oath of Allegiance that the Statute 3. Jacobi 4. which creates this Oath is intituled an Act for better discovering and repressing Popish Recusants and that the Oath it selfe relates onely to the Popes unlawfull exercise of authority and jurisdiction within this Kingdome and that it so appears to be by the sayd William Prynne the Member his owne Rehearsall of it In this objection save that in this Rehearsall he hath delt as before and hath made bold in this particular also to satisfie the words of the Oath which in truth runnes thus That the Pope neither of himselfe nor by any Authority of the Church of Rome or by any other means with any other hath power or Authority to depose the King But the said William Pryn the Member in his said Rehearsall makes the Oath to run thus That the Pope neither of himself nor by any authority of the Church of Rome or by any other means nor any other hath power c. and so instead of the words with any other implying the Authority of the Pope joyned with others he makes it a distinct clause nor any other and so upon this forgery including the Parliament within those words nor any other he would make this proceeding against the King to be contrary to the Oath of Allegiance And touching William Pryn the Member his Arguments That there is no President in the old Testament of any one King judicially impeached arraigned deposed or put to death by the Congregation As also that no Protestant Kingdome or State did over yet depose their King I William Pryn the Barrester do refer the Reader to my Appendix annexed to my fourth part of the Soveraign power of Parliaments manifesting p. 1. by sundry Histories and Authors That in the ancient Roman Kingdom and Empire in the Greek and German Empires derived out of it in the old Grecian Indian Italie Hungary Bohemia Denmark Poland Sweden Scotland yea of Judah Israel and others mentioned in the Scripture the Supream Soveraignty and power resided not in the Emperors and Kings themselves but in their Kingdomes Senates Parliaments People who had not only a power to restrain but to censure and remove their Emperors and Princes for their Tyranny and mis-government In which Appendix also is an Answer to the principall Arguments which are produced to prove that Kings are above their kingdoms and Parliaments and not questionable or accountable to them nor censurable by them for any Exorbitant actions and p. 2. are these words I shall infallibly prove That in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the antient kingdom of Greece Egypt India and elsewhere in the Kingdoms of France Spain Hungary Bohemia Denmark Sweden Poland Scotland and most other kingdomes in the world yea in the kingdomes of Judah and Israel and others mentioned in Scripture the highest Soveraign Authority both to elect continue limit correct depose their Emperors Kings to bound their Royal power and prerogatives to enact Laws create new Offices and forms of government resided alwaies in these whole Kingdomes Senates Dyets Parliaments People and not in the Emperors Kings or Princes persons Lastly as page 110. in the deposition of Mary Queen of Scots mother to King James is set forth Together with the approbation of the fact by the State of England at that time Touching the name or Title which William Prin the Member is pleased to give to the Parliament now sitting calling it A Present Unparliamentary Juncto I William Prin the Barrester do call to mind That when the King and divers of the Lords and of the Commons in the beginning of our late Troubles had disserted the Parliament I did then in my said first part of the Soveraign power of Parliaments page 43 44. maintain and prove That the remaining part was a Parliament notwithstanding the personall absence of the rest and that as long as those absent are Members of the Parliament they shall still be judged legally present whether they will or no. FINIS Jan. 25. 1648. Imprimatur Theodore Jennings