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A56219 A true and perfect narrative of what was acted, spoken by Mr. Prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the 7th. and 9th. of May last ... by William Prynne, Esq. ... Prynne, William, 1600-1669. 1659 (1659) Wing P4112; ESTC R19484 104,478 113

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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 ● 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
dissipated House of Commons elected impowred only by the Army not People to act what they prescribe to extirpate King Lords Monarchy Magistracy Ministry Laws Liberties Properties and reduce them all under Jesuitisme at first and our forein Enemies Vassallage in conclusion Mr. Prynne then being most clearly convinced thereof by what he formerly published as a Member in his Speech and Memento and since in his Epistle to a New Discovery of Free State tyranny his Ius Patronatus his historical and legal Vindication of the fundamental Laws Liberties Rights Properties of all English Freemen A new Discovery of Romish Emissaries his Quakers unmasked and in his Republicans Good Old Cause truly and fully anatomised wherin he infallibly demonstrates their converting of our late English Monarchy into a new Common-wealth or elective Protectorship to be the antient projected moddles of Father Parsons and other Jesuites and Tho. Campanella the Italian Frier specially recommended by them to the pursuite of the King of Spain who prosecuted it all he could to promote his universal Monarchy and so much rejoyced at it that he was the first foreign King who presently sent an extraordinary Ambassador to congratulate the accomplishment applaud the constitution of enter into a League of Friendship with it whose flattering panygerick in his Great Catholique Kings name in prayse thereof and what an honour it was to them that he was the first forein Prince that owned them for a Common wealth made the Commons House so intoxicated that they gratified him in all his requests and pursued all his designs only to ruine us and the Netherlands layd down by Campanella De Monarchia Hispanica c. 25 27. by furnishing him with many thousands of Irish forces quarrelling with the Hollanders maintaining above three years bloody wars with them with infinite losse and expence to both Nations taking the French Kings Fleet provisions merely designed for the reliefe of Dunkirk whereby he presently regained it to our prejudice And on the other hand Cardinall Richlieu of France the great Incendiary of Christendome and fomenter of all our Domestick wars in his life the French King and Mazarine by his instructions in writing after his death vigorously pursued this very design His instructions to this purpose recorded by Conte de Galeazzo Gualdo Priorato an excellent Italian Historian are very memorable who relates That Cardinal Richelieu Anno 1642. after he had involved the King Parliament and Ireland in a bloody Civil war being near his death delivered these politick instructions for the King his Master to pursue for carrying on his designs in relation to England with successe That above all other things he should endeavour to keep the Government of Great Britain divided and dis-united by ayding the weaker party that the other might not make it self too powerfull By causing the three Kingdomes of England Scotland and Ireland to be divided either by nominating other Kings elective of another family accomplished by erecting an elective Protector or by moulding them into a Common-wealth as our Republicans have formerly and now done again Yet with this caution That when they are reduced into a Common-wealth so to order the matter That it may not be united into one but divided How punctually Cardinal Mazarine prosecuted these instructions ever since and accomplished them at last the Letters taken in the Lord Digbyes Cabinet printed by the Parliaments order 1646. and O. Cromwels late intimate correspondency with Mazarine discover And how much the Iesuites and Catholicks in France in November 1648. approved applauded the turning of our hereditary Monarchy which they irreconcilably hated envyed as well as the late King and turning the Old Parliament into a new Republican Representative and that all their hopes to effect it were in the Army to whom they wished all prosperity therein you may read in a Letter sent from thence by the Armies Agent to a fitting Republican Member soon after published by Mr. Prynne who got the original Mr. Prynne knowing all this and clearly discovering a fresh combination between the Sectaries Republican Anabaptistical Iesuitical levelling party to pursue their designs afresh and accomplish what they formerly attempted in the short Mock-Parliament of their own election creation Anno 1653. and what was then passionately recommended to them by Iohn Canne the Anabaptist in his Voyce from the Temple dedicated to them as their Generation work which God and all his people then expected and required from them even to extirpate the Church Ministry of England Advowsons Glebes Tithes and demolish all Parish Churches as Antichristian to extirpate the Law root and branch under pretext of reforming and new-moulding it to sell all Corporation and College lands and set up a popular Anarchy or tyrannical Oligarchy among us under the disguise of the Old Dissolved Parliament sitting from 1648. till April 20. 1653. after six years violent ejection of them with highest scorn and reproach yet now invited by them to sit again to effect these Romish designs to our utter Confusion but secluding all those who were like to obstruct or defeat them Upon this consideration Mr. Prynne as a secluded Member of the old Parliamemt wherein he detected oppugned all these Treasonable Designs heretofore and since its dissolution by the Kings beheading held it his bounden duty to prevent defeat them now and nip them in the bud whereupon so soon as those now sitting entred the House he assayed to go into it with as many old secluded Members as he could there being 80 of them in London For although his judgement be that this Parliament is quite dissolved by the Kings beheading as he oft declared in print yet since the Army Officers and those now sitting with sundry others pretend it still in being and under that pretext alone have acted all their publick Tragedies and Innovations he conceived himself bound in Conscience upon their Concessions to endeavour to prevent these mischiefs and do all Publick good he might with better warrant and reason than most Ministers Lawyers Justices Magistrates Members of late Parliaments as they style them have prayed for complyed with acted in under those late Governors Governments mock Parliaments as he is confident some now sitting among them in this new Convention believe it dissolved and yet go in only to prevent and allay those mischiefs which others violently pursue which their own Consciences and our laws resolve them without scruple to be utterly illegal whereas this old Parliament whereof he was a Member was most legallie summoned and convened beyond dispute and hath the colour of a legal Act of Parliament for its continuance which those since have wanted of which Act the greatest part of those now sitting taking advantage notwithstanding their new Instruments Declarations Petitions Advises Addresses and Sessions in other new Parliaments since and it being a great dispute now among most secluded Members whether that Parliament was not yet alive though
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 inte●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
and protesting engaging against them both as no Members of it Neither can they pursue any one of those ends for which this Parliament was continued Therefore they are doubtlesse beyond dispute no Parliament at all within the words or intention thereof their own Consciences Reason being Judges whatever they pretend nor yet by their own Republican principles a free and equal Representative of the people 6 ly By the Law and Custom of all Nations Nature Reason Justice Equitie the laws of England and of all publick or private Ecclesiastical Civil or Militarie Councils or Corporations the Majority of persons Members Voyces Votes are alwayes reputed the Parliament Council Synod Corporation and do yea ought of right to bind the lesser part as well in making Laws Ordinances as Elections and all else that concerns the publick Yea the General and General Counsel of the Army-Officers in their Petition to those and others now sitting in Parliament and draught of an Agreement of the people for a secure and present peace framed prepared and presented to them to be established and subscribed by the people Ianuary 20. 1649. not onlie subscribed thereto but proposed That 150 Members at least be alwayes present in each sitting of the Representative at the passing of any Law or doing of any Act whereby the People are to be bound saving that the Number of sixty may make the House for Debates or Resolutions that are preparatory thereunto Therefore the 42 Members secretlie skipping into the House secluding the rest May 7 9. being not the 10th part of the Members of the old Parl. now surviving by all Nations Laws Consents can be no Parliament nor House of Commons within this Act nor pass anie thing to bind the Majoritie of the Members or people in anie kind whatsoever what ever anie imprudent illiterate shameless namelesse Scriblers or themselves against their own Reasons Consciences Iudgements principles resolutions pretend to the contrarie but dare not once affirm in good earnest It being a received Maxime in all Ages Populi minor pars Populum non obligit 6 ly It is a rule our Lawbooks That all Statutes ought to be interpreted according to Reason and the true mind meaning intention of those that made them but it is most certain That it is against all reason and the true intents minds meaning of the Makers of this law to make a Parliament without a King or House of Lords or Majoritie of the Commons House Or that all or anie of them when they made this Act did ever dream of such a Iuncto as this now sitting Or to seclude themselves and resign up their own interests freedoms privileges right of sitting in Parliament with them to constitute them the onlie Parliament of England as everie line syllable throughout the Act demonstrates Therefore they neither are nor can be a Parliament within it neither can the Bedlam Turkish Bruitish unreasonable Argument of the longest Sword or Armie-logick nor the petitions addresses of any Crack-brain'd Sectaries and vulgar Rabble of inconfiderable illiterate people nor the presence of anie Lawyers sitting with or acting under them as a Parliament to their own and their Professions dishonour make them so in their own or any Wisemens or Iudicious honest Lawyers Iudgement whatsoever And therefore out of Conscience shame justice prudence and real Christianitie have they anie left they must needs disclaim themselves to be a Parliament and no longer abuse the Nation or others under their disguise All whith Mr. Prynne if admitted would viva Voce have pressed home upon them but being forcibly secluded by their Gards because unable to answer or contradict his Law or Reason he now tenders to their view and the Judgement Resolution of the whole English Nation to whom he appeals with this publick Protestation That if they will freely call in all the surviving Members of the Lords and Commons House sitting till December 1648. without secluding anie by force or new unparliamentarie Impositions or seclusive Engagements which they have no power to impose If they upon a free and full debate shall resolve the old parliament to be still in being and not actually dissolved by the Kings beheading notwithstanding his premised Reasons to the contrarie He will then submit his private Iudgement to their Majority of Voyces in this as well as in all other Parliamentary debates and contribute his best assistance and advice as a Fellow-Member to heal the manifold breaches prevent the approaching ruines of our indangered Church Realms Parliaments Laws Liberties Peace and establish them upon better foundations than those now sitting to promote their own and the Armies interests rather than the peoples or Nations are ever likely to lay Who if they can prove themselves a true and lawfull English Parliament within this Act without either King or House of Lords or this their clandestine forcible entry into and seclusion of their Fellow-Members out of the Honse and Actings in it to be lawfull equitable righteous honorable parliamentarie Christian and such as well becomes either Saints Members or true good Englishmen by anie Records Parliament Rolls Acts Presidents of like kind in former Ages Law-books Customes Common or Civil-law Scripture Divinitie Reason Ethicks Policks except Machiavils and the sole Argument of the longest Sword the most bruitish unjust unchristian Turkish of all others Mr. Prynne will then publicklie declare them to be that in truth which as yet he neither can nor dares to acknowledge them to be so much as in appellation either a Member of the Old Parliament a Covenanter a Protester a Lawyer a Scholar a Man an Englishman or a Christian. And hopes that upon the perusal hereof they will as much disown themselves to be the Parliament within this Act or anie lawfull Parliament of England even in their Judgments consciences much more in actings for the premised Reasons as he or anie other secluded Members do not out of anie spirit of contradiction but Conscience and common dutie to themselves and their native Country That which principallie elevated yea inflamed Mr. Prynnes zeal both now and heretofore with all his might to oppose all late publick Innovations changes of our antient Government Parliaments Laws was this sad and serious consideration which he shall with all earnest importunitie intreat advise all Army Officers Souldiers sitting or secluded Members of the Lords or Commons House with all well-affected persons to the safetie settlement of our Religion Church State throughout our three Nations most seriouslie to lay to heart and engrave upon their Spirits not to read it as they do News-books only to talk of them for a day or two but as they read the evidences of their Inheritances whereby they hold all their earthlie yea heavenly possessions that they may remember act according to it all their lives That William Watson a secular Priest of Rome in his Dialogue between a Secular Priest and a Lay Gentleman printed at Rhemes 1601. in his