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A56220 A true and perfect narrative of what was done, spoken by and between Mr. Prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the Commons lobby, House, and elsewhere on Saturday and Monday last (the 7 and 9 of this instant May) with the true reasons, ends inducing Mr. Prynne ... thus earnestly to press for entry, to go and keep in the House as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the Parliaments privileges / put in writing and published by the said William Prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of Parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a Parliament member, against the utter subverters of them ... Prynne, William, 1600-1669. 1659 (1659) Wing P4113; ESTC R937 104,117 112

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kingdom so soon as he lost his life 5ly The end of summoning this Parliament was only this for the King himself to have a conference and Treaty with the Prelates and Nobles and for them to be personally present with Vs not our heirs or successors to give Vs their Counsel c. not our heirs and successors All frustrate made impossible and absolutely ceasing by his death because when once dead they can neither parlie conferr nor treat with the King himself nor the King with them nor be personally present with Him for that purpose unlesse they will averr that a meer dead headlesse King can really confer treat parly consult advise with his living Prelats Lords Parliament and they with him be Parliamentally present with each other in the Lords House neither of which they dare admit into it for fear the King if living and Lords too should afright them out of it as the Kings ghost yea the memorial of it though dead might justly do 6ly The mandatory part being in the Kings name alone to summon them to treat with and give their Counsel unto Vs concerning the foresaid businesses relating to Vs and the defence of Our Realm Our Businesses aforesaid not our heirs and successors He and his businesses all ending when he expires the Parliament must of necessity determine 7ly The Parliament ceasing to be the Common counsel of the King and his kingdom and nothing possible to be ordained BY US the King not his heirs and successors Prelates Nobles in Parliament without his concurrent Vote or when he is dead unless a dead King can give counsel make Ordinances give his royal assent to Bills when deceased It must inevitably follow that all the Authority causes grounds ends for which the Members of this Parliament were all summoned to treat consult and give their advice to the King himself determining and becoming impossible to be performed by his death the Parliament must of necessity expire and be dissolved even as the natural body ceaseth to be and remain a living man when the Head is quite cut off If then those now sitting who cut off the Kings Head the Head of the Parliament and thereby destroyed that temporary body politick will have their Conventicle revived by this Act they must set on his head again raise him alive out of his Grave and bring him back into the House to impeach condemn decapitate them in this true High Court of Justice for this their beheading him in their Court of Highest Injustice Which Mr. Prynne presumes they dare not doe least his revived Ghost should scare them thence or justly retaliate their transcendent Treachery 4ly If any man by his will deed the King by his Commissions the Parliament by a special Act or Order shall authorize impower any 3. persons joyntly to sell lands give livery and seisin execute any Commission as Judges Justices Commissioners Auditors or Committees of Parliament if any one of them die both the survivors joyntly or severally can doe nothing because their authority trust was joynt not several and joyntly nor seperately to be exercised If there be not 40 Commoners in the House they cannot sit or act as an House nor dispatch the least affair no more can any Committee of either House unless their Number be sufficient to make up a Committee as the orders and custom of Parliament appoint Therfore the Parliament of England being a Corporation compacted joyntly of the King Lords and Commons House and three estates The death of the King necessarily dissolves the Parliament notwithstanding this Act which did not alter the Parliaments Old constitution but establish it The Kings personal absence from his Parliament heretofore and of late was reputed very prejudicial to it and his calling away some Lords Great Officers and other Members from it a high way to its present dissolution in his life Therefore it must much more be dissolved by his death and the Lords and Commons forcible seclusion both before and since it by the Army and sitting Members they having Vocem locum in quolibet Parliamento Angliae as our Law-books Statutes and their Patents resolve 5ly The principal end of calling Parliaments is to enact new and necessary Laws and alter repeal such as are ill or inconvenient as the Prologues of our printed Statutes our writs of Summons Law-books attest and all accord But no new Act of Parliament can be made nor no former Acts altered repealed but by the Kings royal assent who hath a Negative voice to deny as well as Affirmative to assent to them as well as the Lords and Commons as all our Parliaments Judges Law-books Parliament Records Treatises of Parliaments the printed Statutes in each Kings reign more particularly the Statutes of 33 H. 8. c. 21. 1 Jac. c. 1. in the close resolve Yea both Houses acknowledged it in all contests with the late King our Kings Coronation Oaths and all our antient Saxon Kings Lawes attest it Therefore his death must needs dissolve the Parliament notwithstanding this Act because it could make no Act for its dissolution nor declare alter repeal any other Law without his royal assent There are but 2. Objections made by any sitting or secluded Members against these Reasons that his death should not dissolve the Parliament The 1. is this which the Republicans themselves formerly and now insist on That the King doth never die in judgement of Law and that there is no Interregnum because the Crown immediately descends to his right heir who by Law is forthwith King de jure and de facto before his actual Proclamation or Coronation as the Statute of 1 Jacobi ch 1. Cooks 7 Rep. f. 10 11. Calvins case and other Books resolve To which Mr. Prynne Answers 1. That this argument is but an Axe to chop off their own heads and supremacy as they did the Kings and the Objectors now sitting must either renounce their sitting acting Knacks Declarations against the late King Kingship and the House of Lords or quite disclaim the 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 Jure 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 Parliament 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
Fortunes the Reformed Religion Worship Doctrine of the Churches the Rights and Privileges of the Parliaments the Laws and Liberties of the Kingdoms of England and Scotland and the Kings Majesties Person Authority and Posterity in the defence and reformation of the true Religion and Liberties of these Kingdoms And with all faith fulnesse endeavour the discovery of all such as have been are or shall be Incendiaries Malignants or evil Instruments by hindring the Reformation of Religion dividing the King from his People or one of the Kingdoms from the other making any factions or parties among the People contrary to this League and Covenant that they may be brought to publick Tryal and receive condign punishment assisting defending each other in the maintenance and pursuit thereof without any division withdrawing defection or detestable indifferency or neutrality whatever For which end in a brotherly friendly christian yet stout and resolute manner demand publickly of the General Counsel of Army Officers and their Westminster Conventicle 1. By what lawfull Commission Authority or Warrant from God our Laws or the generality of the people of England whom they have voted the Supream Authority and whose Servants they pretend themselves they have formerly and now again forcibly secluded the whole House of Lords and Majority of the Commons House from sitting in our Parliamentary Counsels or the Old Parliament if yet in being and made themselves not only a Commons house but absolute Parliament without a King or them contrary to the very Letter scope of the Act of 17 Car. c. 7. by which they pretend to sit 2ly By what Authority they presume to turn our most antient glorious famous honourable first Christian Kingdom into an infant base ignoble contemptible Sectarian Free-State or Commonwealth and disinherit our hereditary Kings and their Posterity against all our Laws Statutes Declarations Remonstrances Oaths Vows Protestations Leagues Covenants Customs Prescription time out of minde Liturgies Collects Canons Articles Homilies Records Writs Writers and their own manifold obligations to the contrary for their inviolable defence support and preservation only in pursuit of the Jesuites Popes Spaniards and French-Cardinals forecited plots And who gave you this Authority The rather because the whole English-Nation and High Court of Parliament wherein the whole Body of the Realm is and every particular Member thereof either in person or representation by their own Free-elections are deemed to be present by the Laws of the Realm did by an expresse Act 1 Jacobi c. 1. worthy most serious consideration with all possible publick joy and acclamation from the bottom of their hearts recognize and acknowledg as being thereunto obliged both by the Laws of God and Man that the imperial Crown of this Realm with all the Kingdoms Dominions and Rights belonging to them immediately after the death of Queen Elizabeth did by inherent birth-right and lawfull and undoubted Succession descend come to King Iames as next and sole Heir of the Blood-Royal of this Realm And therunto by this publick Act of Parliament to remain to all Posterity they did humbly and faithfully submit and oblige themselves their Heirs and Posterity for ever untill the last drop of their bloods be spent as the First fruits of this of this High Court of Parliament and the whole Nations Loyalty and Faith to his Majesty and his Royal Posterjty for ever upon the bended knees of their hearts agnizing their most constant Faith Obedience and Loyalty to his Majesty and his Royal Posterity for ever After which the whole English Nation and all Parliaments Members of the Commons House ever since and particularly all Members of the Parliament of 16 Caroli continued by the Statute of 17 Car. c. 7. pretended to be still in being did by their respective Oaths of Allegiance Fealty Homage and Supremacy containing only such Duty as every true and well-affected Subject not only by his duty of Allegiance but also by the com-mandement of Almighty God ought to bear to his Majesty his Heirs and Successors as the Parliament and Statute of 7 Iac. c. 6. declares joyntly and severally oblige themselves 'To bear Faith and true Allegiance not only to his Majesty but his Heirs and Successors and him and them to defend to the uttermost of their power against all Attempts and conspiracies whatsoever which shall be made against his or their Persons their Crown and Dignity or any of them and to maintain all Iurisdictions Preheminences Authorityes justly belonging united or annexed to the Imperial Crown of this Realm Which all Members of the long Parl. those now sitting ratified not only by hundreds of printed Declarations Remonstrances Ordinances but likewise by a Religious Protestation Vow and Solemn National League and Covenant publickly sworn and subscribed with all their hands in the presence of God himself and by all the well-affected in these three Kingdoms but by all our ordinary publick Liturgies Collects Directory Articles Homilies Prayers before Sermons in all or most of their Families Closet-Prayers yea Graces before and after meat wherein they constantly prayed to God according to the practise of the Saints in the Old and new Testaments the Primitive Church of God and Heathen Nations of the Church Parliaments of England themselves in all Ages not only for the health life wealth safety prosperity preservation salvation of our Kings and their Realms but likewise of their Royal Issue and Posterity That there might not want a man of that Race to sway the Scepter of these Realm so long as the Sun and Moon shall endure or to the like effect And if they cannot sufficientlie satisfie your judgements consciences in this particular nor answer the precedent reasons in defence of our hereditary Kings Kingship against their Vtopian Republick Then take up the peremptory resolution of all the Elders and Tribes of Israel when oppressed by Samuels Sonnes Mis Government turning aside after filthy lucre and perverting Judgement 1 Sam 8. and say resolutely to them We will have no New Common-wealth nor Vnparliamentary Conventicle to rule over oppresse ruine us Nay But we will have a KING our own lawfull hereditary King to reign over us that We also may be like all other Nations yea like our selves and our Ancestors in all former Ages and that our King may judge us and go out before us and so put a speedy end to all our present future Changes Wars Troubles Fears Dangers Oppressions Taxes and restore us to our pristine Peace settlement unitie amitie securitie prosperitie felicitie upon the Propositions assented to by his beheaded Father in the Isle of Wight whose Concessions the Ho of Commons without division after 3. daies and one whole Nights debate 4 Dec. 1648. notwithstanding all the Armies menaces Resolved upon the Question to be a sufficient Ground for the House to proceed upon for the settlement of the Peace of the Kingdom upon better terms and greater advantages than ever they have yet enjoyed or can
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 Juncto from his Pison-Chamber at the Kings Head which they soon after took of Jan. 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 interval 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 Justice 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 permitious 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 Judgements 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 forever 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 the whole Parliment to remain in the hands of certain Persons which themselves approved of who exceeded their Commission and acted generally as a Parliment And if this was a grand derogation of the state of the Parliament a great damage to the whole Realm and permitious example for posterity for which in the very next Parliament they impeached deposed him and nulled all these proceedings for ever Then questionless their former sitting acting in the Commons House from December 7 1648. till Apr. 20. 1653. and now again without yea against the consents Votes of the Parliament 3 Estates secluded Members their repealing altering the very Acts Ordinances of the Lords and Commons concerning the Treaty with the King and sundry others their nulling the Act for Trienial Parliments the continuance sitting of the Lords in this Parlament their ●eclaring themselves alone to be the Parliament of England beheading the King himself their