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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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lieu of the former 35 thousand besides Excises Customs New intollerable Militiaes amounting to thrice as much more Besides it consumed all the Crown-lands Church-lands publike Revenues of our 3. Kingdoms with thousands of Delinquents estates all alienated dissipated being more expensive oppressive wastefull to our Nation in ten years space than all our Kings since the Norman Conquest or Saxon line only to make us greater slaves to our late Mercinary Army Servants Fellow Subjects than ever we were to our beheaded King or any of his roial predecessors whose a loyns were nothing so heavy as their little finger chastising us with Scorpions in new arbitrary tyrannical Committees High Courts of Justice and other exorbitant Judicatures when as our Kings corrected us but with rods It hath subverted our Kings Parliaments Peers Laws Liberties Properties Great Charters legal Courts Writs Seals Commissions Judges Justices Sheriffs Officers Coyn● Government destroyed our publike and private wealth Trade Unitie Amitie Peace Timber Palaces Woods Shipping and many thousands of our gallantest Sea-men Land-men by bloudy wars with our Protestant Brethren Allies and brought us to the very brink of ruin in all our Civil Concernments as Men As Christians by its toleration fomentation of Sects Heresies of all sorts it hath shaken undermined in a great measure the very Deitie of God the Father God the Son and God the Holy Ghost the Trinitie of Persons and Unitie in the Godhead the Authoritie Divinitie of the Scriptures all the Arti●les of the Creed the Sacraments Ministers and Ministrie of the Gospel the Fabricks of many the Freeholds of all the maintenance of most of our Churches Ministers all now meer Tenants at sufferance and removable sequestrable taxable at our Republican Grandees pleasures yea their new Heralds Baylifs to proclame in Churches whatever they prescribe under pain of ejectment or their heaviest indignation In brief the introduction of our unshaped Republike by Perjurie Treacherie Violence bloud fraud Injustice destruction of our Protestant Kings Lords Parliaments hath made many zealous professors of Religion Jesuites in their policies principles practises a Atheists in their works Christ himself and the Gospel as the Atheistical Pope esteemed them a meer Fable in the repute of many yea the Protestant Religion a meer seminary of Treason Rebellion Sedition Hypocrisie Perjury Disloyalty Villany Ataxy Antimonarchy and the zealous Professors of it the meer firebrands of Rebellion Sedition high Treason against their Soveraigns in the estimation of b Foreign Jesuits Papists and Popish Princes who endeavour their total extirpation throughout the world as such And can it be then Englands true Interest as Men or Christians 5. J. Rogers himself the Grand Champion for the Good Old Cause and Commonwealth in his Concertation p. 100 103 104 116 117. informs us That Commonwealths are alwayes subject to frequent changes and alterations every one more oppressive tyrannical cruel bloudy prejudicial destructive to the peoples Liberties properties lives than the other instancing in the Romans and Athenians which committed the greatest outrages upon the people being little better than a daily Massacre of the most eminent Worthies and Hangmen Tormentors of the Commons Which Vicissitudes Alterations proved the Athenians utter destruction and may be a fair warning to us because the Causes of such mutations are the most dangerous Commotions which tend to the Ruine of All as he proves but of Aristotle Polit. l. 5. c. 1. for prevention whereof he prescribi● 12 Considerations unable to cure the fluctuatinge uncertain state and mischief of a Commonwealth of which we have already had and shall sodenly have again sufficient experience And can a Commonwealth then be Englands present or future Interest in any sence In brief as it is the beautie safety interest of every natural living body whether of men beasts fowls fishes or creeping things to have only one head to govern one Soul to animate it by Gods own most divine and wise institution a two-headed bodie being an unnatural uselesse Monster and a double-souled man creature unstable in all his wayes Jam. 1. 8. So it is the safetie beautie interest ligament of every Politick bodie whatsoever Hence we find not only in all Monarchies but in all Republikes themselves one Master over every Family one Mayor over every City one Rector over every College School Hospital Fraternitie one Sheriff over every County one Governor over every Province one Rector over every Parish Church and Congregation as there is but ‖ one King Lord Head Mediator Jesus Christ over the Catholike Church one Pilot over every ship one Admiral in chief over every Fleet and in Armies themselves one General and Chief Commander over every Army Brigade Partie one Colonel over every Regiment one Captain over every Companie Troop one Governor over every Fort Garison both abroad and at home a Pluralitie of Lords Masters Generals Governours Rectors c. being alwaies in all and every of these not only dangerous troublesom inconvenient chargable but distractive and destructive too as all Ages Nations have concluded from reason and experience Therefore a Monarchical hereditarie Kingly Government let Rogers Nedham and our Innovating frantick Republicans prate what they will must be Englands true and only Interest honor safety felicity both as Men and Christians so long as there shall be but * one Sun in the heavens to rule the day and one Moon the night Monarchy and One-nesse being the only Ground ligament of Peace Unity Safety both in Church State but Polarchie the cause of ruin confusion as God only wise resolves against all brain sick Novellers Ephes. 4. 3 4 5. 6 1 Cor. 8. 6. c.. 12. 4 5 6 11 to 31. Pro. 28. 2. Isay 19. 2 3. c. 9. 19 20 21. Ezech. 37. 22 to 28. 1 Kings 14. 30. c. 15. 7. 16. Let this last Question be now put to all the Freemen of the English Nation and of Scotland Ireland too whom it all alike concerns and the a Army with those b now sitting have formerly voted TO BE THE ONLY SUPREME AUTHORITY OF THE NATION and themselves to be but their Servants not their Soveraigns and therefore cannot in reason justice conscience deny them or any of them the freedom of their voices herein in the present juncture of our affairs and then I dare pawn my reputation life against my Antagonists I shall have above a thousand voices concurring with me to one consenting with them And having both Vox Populi and Vox Dei too thus suffragating with me in the Supreme universal Parliament of all English Freemen without the House I hope no private Persons not commissioned by the peoples free elections will presume to contradict or repeal their Major Vote within the Commons House though they have thrice secluded me out of it by armed guards before any legal Accusation trial or conviction whatsoever from pleading of this their publike cause therein which I wholly submit to their Universal Censure and Decision
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
the Writs and Returns themselves yea all a antient Writs of this kinde and their returns and the expresse words of these Oathes resolve with the Protestation League Covenant and manifold Declarations Votes Remonstrances of both Houses to which those sitting from 48. to 53. and now met again gave their full free consents and subscriptions as well as the secluded Members Let heaven earth our whole 3. Kingdoms and our Accusers themselves then now resolve whether I and my secluded Companions who constantly loyally strenuously in the forecited vote and all other our proceedings pursued those Trusts Oathes Duties in despite of all Oppositions or those unsecluded sitting re-sitting Members and Army-Officers who have most apparently perfidiously violated them in every branch by and since our seclusions to the destruction of our King Kingdoms Kingship Parliament Church all rights and Jurisdictions of the Crown and subversion of the Liberty Property Privileges of their fellow Members and all other subjects be the Greatest Trust-breakers Traytors and which of us best deserve to lose not only our right of sitting any more in the House but our very lives heads liberties estates in point of justice and conscience All that is or can be objected against us with any shadow of reflection is the a Vote of January 11. 1648. made upon the Armies Answer touching our securing Jan 3. That the House doth approve of the Substance of the 〈◊〉 of the General 〈◊〉 of the Officers of the 〈◊〉 to the Demands of this House touching the securing 〈◊〉 secluding of some Members thereof And doth appoint a Committee of 24. or any 5. of them to consider what is further to be done upon the said Answer and present the same to the House But doth this Vote fix any breach of trust upon us for which we deserved perpetual seclusion without any hearing impeachment trial Surely not in the least degree For 1. it approves only the substance of the Armies Answer which is general and indefinite 2ly It is not touching the securing and secluding of all the Members then secured or secluded by the Officers but only of some of those Members who were secured as well as secluded without naming any one of them in particular most of them being released before this vote Therefore it can fix no guilt or crime upon any one particular Member of us unlesse those some had been nominated 3ly This Vote was past behind our backs without hearing any of us before it passed 4ly A special Committee was appointed to consider further of their answer and report what was further to be done therein which they never did 5ly This Vote was made above a full Month after our secluding and securing when all the Members but 42. were secluded or driven thence and the rest sitting under the Force Guards of the Army and so by their own Votes and Ordinance of August 20. 1647. this Vote with all their other proceedings were mere Nullities 6ly Ten of those who passed this Vote were the very Army-Officers who made the Answer the chief Contrivers Authors of our seising securing and chief Accusers Therefore most unfit to be our Judges or passe any Vote against us behind our backs especially since they promised to conferr with us at Wa●●ingford House the Evening they seised us and yet lodged us all night on the bare boards in Hell After which they promised to confer with us the next morning 9. a clock at Whitehall there kept us fasting waiting in the cold till 7. at night without once vouchsafing to see us sending us away thence through the dirt guarded on every side like Rogue● to the Kings head and Swan in the Strand where they promised several times to conferr with us but never came to do it Now whether there can be any credit given to their Votes or Answer who so frequently brake both their trusts words faiths promises to us and others before this their Answer let the world and our greatest Enemies determin Finally the chief Authors of and instruments in this our Accusation and seclusion were the very self-same Army-Officers and Members who in April 1653 dishoused * dissolved those now sitting and then accused branded them twice or thrice in print as farr greater Infringe●s o● their trusts than we as for the House of Lords secluded suppressed by them a there was never the least breach of trust objected against them Neither had the Army b or smaller Garbled remainder of the Commons house the least right or jurisdiction to seclude or eject the Majority of their fellow Members much lesse the whole House of Peers Upon all which premi●es I here appeal to all the Tribunals of Men on Earth and Gods Christs Tribunals in Heaven before which I summon all our Old and New Accusers whatsoever to judge Whether this Great Charge of breach of our trusts ever justly could or henceforth can be objected against us civilly or criminally without the greatest scandal and whether this could be a lawfull ground for any to justifie our first or last seclusion The 3d Question is this Question 3 Whether the last Parliament sumne●ned by King Charles his Writ assembled at Westminster 3. Nov 1640. was not totally and finally dissolved by his beheading January 30. 1648. notwithstanding the statute of 17 Caroli c. 7 In this my 2. new Antagonists are divided Rogers p. 7. conf●sseth it to be dissolved and that I have learnedly proved it in my Narrative p. 24 to 34. Adding How Néedlesse that long Discourse is to prove what we never denied But though he and his wee denied it not yet those who sate from 1648. till 16●3 by pretext of their first writs elections and of this Act as they then affirmed in and by their Speeches Declarations Mr. Abbot and Purefoye in their Prynne against Prynne both of them Members and one of them now sitting with their President J. Bradshaw who condemned the King and sundry others denyed it yea most now sitting denyed it by words and action whereupon I unanswerably refelled them and satisfied most others by that long Discourse Therefore it was not needless as this Critick rashly censures it Nedham p. 35 36 37. though he confesseth That according to Law the Parliament was d●ssolved by the Kings death and that whiles the old Constitution of Parliaments remained without disturbance it is reason this Law should be retained for the reasons I have rendered Yet in this particular case by reason of the warr between King and Parliament he will by no means yeeld the Parliament to be dissolved by the Kings death but to remain intirely in the Members sitting at his death and that it is now again revived in them after above 6. years interruption to prove which strange Chymara by stranger Mediums he * spends some pages to convince and satisfie all Contradictors I shall a little examin his absurd and most dangerous Principles from whence he draws his Conclusion His main Principle to