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A91153 A brief necessary vindication of the old and new secluded Members, from the false malicious calumnies; 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, in his un-christian concertation with Mr. Prynne, and others. 2. Of M: Nedham, in his Interest will not lie. Wherein the true good old cause is asserted, the false routed; ... / By William Prynne of Swainswick Esq; a bencher of Lincolns-Inne. Prynne, William, 1600-1669. 1659 (1659) Wing P3913; Thomason E772_2; ESTC R203220 47,789 64

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at the Fast in Margarets Church the Wednesday following discoursing with Sir Ralph Ashton Sir Benjamin Rudyer and 4. more Members sitting with him between the two Sermons told them of his own accord That there was a scandalous report raised in Town that he meant to leave the House and run away to the Army but for his own part he had not any such thought or intention but resolved to continue in Town and to live and die with the other Members in the House if there were cause On Thursday morning most of the Members appeared at the House expecting the Speakers coming till near 11 of the clock and sent 2 or 3 Messengers for him At last they were informed that he was sent for and gone that morning to the Army Whereupon Sir Ralph Ashton and those who sat with him at the Fast related his words in my hearing being then casually in the House to the other Members and sundry times since to the House and to my self Hereupon the Members present were necessitated to chuse another Speaker pro tempore as they had oft times done in case of sickness or absence both before and since to supply his place adjourn and dispatch the businesse of the House So as the Speaker and Members then departing to the Army without the Houses leave or privity voluntarily secluded themselves and were neither secluded by the Apprentices nor their fellow-members who were so farr from secluding that they sent sundry Messengers to call them to the House and were highly discontented at this their causless departure from it 5ly These Apprentices came without any arms at all to the House only with a Petition occasioned by the Army-Officers encroachments upon the Cities Militia and Privileges without any intention to seclude or secure any one Member departing from the House that day and never returning to disturb them after But the undutifull Army-Officers who so much declame against this unarmed force as Treasonable against both Houses Votes Orders Letters to them not only brought up the Army to Westminster placed whole Regiments of them in arms at their very doors who secluded the whole House of Peers and above two parts of three of the Commons House giving the Captains of the guards a particular list whom to secure whom to seclude and whom only to admit but likewise continued their forcible great armed guards upon the Houses several weeks yea moneths and detained me with other Members Prisoners under them two or three moneths and that after this pretended force of the Apprentices no wayes parallel to theirs who were purposely raised to guard us not seclude us which they so much condemned and the Speaker himself in his printed Letter of July 29. with the rest upon their return to the House in their Ordinance of August 20. 1647. so far branded as to make and declare all proceedings during their absence voyd by reason of it Therefore what ever other men may do Nedham to use his own words p. 29. and his now sitting party the Army-Officers and all their adherents must henceforth be silent and for shame lay their mouthes in the dust for ever as to this particular For if our falsly pretended encouraging conniving at this unarmed sodain tumult of the Apprentices in July 1647. were a sufficient ground for our seclusion from the House as infringers of our trusts then their evident apparent fore-plotted encouraging conniving at and justifying the Armies force upon the House it self and the XI Members twice or thrice Anno 1647. and on the Majority of the Commons and whole House of Lords 1648. and now again on Mr: P and others of them May 7. 9. 1659. must for ever disable and seclude them to sit or act as Members in the House by their own Law and Plea 3ly All the rest of his Objections p 29 30. taken out of the Officers Answer Jan 3. as they concern not Mr: Prynne being then no Member so they were so satisfactorily answered refelled as most false and scandalous by the secured and secluded Members themselves in their Vindication in answer thereunto printed 1649 p. 7 to 22. that impudency it self might blush to revive them now to which I referr the Reader for satisfaction Only whereas the Officers then and Nedham now Object That the Malignant and Neutral party in the House to gain the Major Vote upon new elections by indirect means brought in a floud of Malignants or Neuters into the House I shall adde to what the secluded Members then replied unto this forged Aspersion in their Vindication p. 7 8. First That all the secluded Members came in upon fair and unquestionable elections upon the new recruit but many of those who sate both before at and after our seclusion upon most foul ones voted voyd long before by the Committee of Privileges as Humfry Edwards and Fryes elections were continued sitting 2. That most of these new Members were brought in by the force power and menaces of the Army and solicitation of their Solicitor General and Chaplain Hugh Peters who like an Vbiquitary was present at the elections for most Counties Cities and Boroughs throughout England and well bribed for his pains to Canvas for voices for the Armies Instruments 3ly That 22 of those 42 Members called in by the Army-Officers May 7. 1659. and above half of those who sat with them since came in upon this new Recruit of Malignants and Neuters 4ly Col Ireton Harrison Skippon Rich Ludlow Ingoldesby Mountague White Sydenham Bingham Jones yea Fleetwood himself the swaying Army-members when we were secluded and chief Actors in it came all in upon these New elections some of them being prime Authors Members of this New Convention invited in Fleetwoods name and Army-Officers to sit and authors of our new seclusion Therfore the Armies and Nedhams slander of our pretended filling the house upon the new recruit with Malignants as these have proved to us at least must recoyl wholly upon themselves as such and be a real ground for their not our seclusions Lastly if our filling the House by New Elections to get a Major Vote were a Crime demeriting seclusion from it Certainly their emptying the House then and now to get a Major vote by secluding most of the Members must be a Crime and practice demeriting an expulsion 5. The Army-Officers themselves in their very answer waved all these Calumnies as no ground of our seclusion declaring to the sitting Members That the sole ground of our seclusion was The Vote we passed upon the long nights debate That the Answers of the King to the Propositions of both Houses was a ground for the House to procéed upon for the settlement of the Peace of the Kingdom Which Vote being passed a after 3 dayes and one whole nights solemn debate without dividing the House notwithstanding the Armies march to the very doors Hereupon the Army-Officers to wrest both the Regal and Parliamental power Kings Revenues into their own hands prevent all
thereupon forfeit his Kingship and Crown and became a private person and enemy dissolved the Constitution both of the Kingdom and Parliament and not only violated all Law in the branches but plucked up the very root of it in destroying the Parliamentary Establishment as much as in him lay and thereby introduced another Law of Arms From whence he deduceth 3. Conclusions 1 The Justice of secluding the Members 2ly The Sufficiency of the authority that condemned and executed the King 3ly The Legality of the remaining Members continuing and sitting as the Parliament and Supreme Authority of England which after the Kings beheading and other Members and Lords seclusion descended and was transmitted to them by the Law of war for the people This he determines to be Law and Reason too sufficient to convince both Royallists and Presbyterians of the Lawfulnes of the Power and present sitting acting as a Parliament by those few Members at Westminster secluding all the rest To which I answer 1. That if the Kings death by Law Reason dissolved the Parliament in an orderly cause because his writs of summons abated by his death they could not treat with him concerning his and his Kingdoms affairs nor he consent to any Bills after his decease Which he freely grants Then by the self-same Reason Law his violent death must dissolve this Parliament as I have largely proved 2ly If the Kings levying war against the Parliament did actually dissolve the very Constitution Law of the Parliament and Kingdom and made him no King at all but a private person which he layes for his foundation then it must necessarily dissolve the Parliament and Kingdom too and make them no Parliament no Kingdom at all as well as himself no King For how can the Parliament continue when its very Constitution is dissolved 3ly By this Position it inevitably follows that we had neither King Parliament Kingdom nor any Laws at all but only of Warr from the beginning of the wars or first battel at least between the Kings and Parliaments forces many years before his death But this the King kingdom Parliament the sitting as well as secluded Members both Armies and our whole 3. kingdoms ever denied in all their Votes Orders Ordinances Declarations Remonstrances Petitions Treaties Propositions whatsoever from 1641. till December 1648. and Nedham himself in his Diurnalls and Mercuries In all which the Parliament both Houses and Army-Officers stiled him their KING and the King and his party ever stiled them the Houses of Parliament Therefore this position must be a most Notorious Falshood wherein Interest doth grosly lie 4ly Those he stiles the honest faithfull Members in their very Votes of Non addresses passed by force and fraud in their Knack for the Kings tryal● Impeachment Proceedings Sentence of condemnation against him after our seclusion in their Declaration of 17 Martii 1648. after his death and sundry other Papers ever stiled and acknowledged him TO BE KING and ENGLAND HIS KINGDOM notwithstanding the wars between him and the Parliament Therefore the very war did not Vnking nor make him a Private person nor dissolve the Constitution of the Kingdom and Parliament else there could not be a war against or between the King or Parliament if the war it self unkinged him unparliamented them and dissolved all their constitutions 5ly No person by the a Law of God Nature Nations the Great Charter Laws Statutes of England and Votes of Parliament ought actually to forfeit or to be ipso facto deprived of his Office Freehold Liberties Estate Life without a legal proceeding tryal conviction judgement attainder Much less then the King himself the Supreme Magistrate and Governor of the Realm in whom all have a common interest unkinged and made a private person or publike Enemy and totally deprived of his Crown and Soveraignty Therefore his actual levying war against the Parliament without before any legal impeachment conviction or sentence of deposition could not unking nor make him a private person as the cases of Edward the 2. and Richard the 2. and the b Parliaments which deprived them of their Kingships after their resignations clearly resolved against this Jesuitical new Doctrine 6ly If the King by his bare levying war against the Parliament actually lost his Kingship and became a meer private person before any sentence of deprivation then by the self-same reason law every Traitor levying war or conspiring against the King every Murderer Theef Felon corrupt Judge Justice Mayor Sherif Inferior Officer by the very committing of Treason Murder Felony Adultery Bribery Injustice and breach of their respective trusts should be actually attainted of those offences their Lands Offices presently confiscated without any Indictment trial verdict judgement against them yea every act of Adultery by any Husband or Wife should actually dissolve the bond of marriage for ever without and before any Sentence of divorce between them which * Mr. Wheatly publikely recanted as a dangerous error And how destructive such new Nedham Interest Law would prove to all mens lives liberties estates yea to every mans soul since every act of sinne by like consequence should actually damn and make even Saints themselves to fall totally and finally from Grace and Gods favor let all judicious men resolve 7ly If this be Law then had the King and Parliament upon any Treaty after the wars accorded he ought to have been new proclamed installed crowned King again and the Parliament resummoned by new writs 8ly He confesseth this to be the very principle of Barclay the Jesuit from whom he borrows it p. 34. Therefore his present Parliament and Republike built thereon are purely Jesuitical by his own confession 9ly This Jesuits position is not so bad as his He speaks not of every Civil war made by a King upon his Subjects for which there may be just occasions but only of a King warring upon his people of purpose to extirpate and destroy them which he saith it seems almost impossible any King should be so mad as ever to attempt Which the King in his war against the Parliament by his victories proceedings against the Prisoners Members Towns he took during the wars in sparing all their lives actually really and oft times verbally and professedly disclamed in all his Proclamations Speeches Remonstrances Messages to and Treaties with the Houses Therefore his war against them did neither unking him nor make him a private person and publike Enemy by this Jesuites resolution 10ly If the Kings war against the Parliament did really unking him then certainly the Generals Army-Officers and Armies actual levying war upon both Houses of Parliament by secluding securing the Members and King did really uncommission and unarmy them and made them no Officers no Army at all but a rebellious rout and all Members concurring with them therein no Members no Parliament at all The sequel is infallible Therefore Nedham must either now disclaim this desperate Jesuitical position with all his 3. Treasonable