Narrative of what was Spoken by Mr Prynne, Text (1 of 3)

Narrative of what was Spoken by Mr Prynne · Text (1 of 3)

p. 1A true and full Narrative of what was done and spoken by and between Mr. Prynne, other secluded Members, & Army Officers, &c.

ON the 7th. day of this instant May Mr. Prynne walking to Westminster Hall, (where he had not been six daies before,) meeting with some old secured and secluded Members of Parliament, summoned by King Charles his Writ and Authority, for these only ends (expressed in all writs of Summons to the Lords, and of Elections issued to Sheriffs of Counties for electing Knights, Citizens, and Burgesses of Parliament, and in the Indentures themselves by which they were retorned Members;) To confer and treat of certain great and ard…ous affairs, concerning the defence of the King, Kingdom, and Church of England, and to do and consent to those things which shall happen to be therein ordained by Common counsel, (of the King, Lords, and Commons,) touching the aforesaid businesses: which Parliament began at Westminster the third day of November, 1640. They shewed him a Declaration of the Officers and Counsel of the Army, made in such hast and confusion, that they mistook the Month wherein they made it, dating it April 6. instead of May 6. published by them that morning, (which Declaration the day before, was presented to the Speaker of the said Parliament, at the Rolls, by divers Officers of the Army, in the name of Col: Fleetwood, and the Counsel of Officers of the Army, in presence of many Members of the said Parliament) containing their earnest desire, That those Members who continued to sit since the year 1648. untill the 20th. of April, 1653. would return to the exercise and discharge of their trust, (expressed in the foresaid Writs and Indentures alone by those who impowred, elected, & entrusted them as their Representativs, without any other forged new trust whatsoever, inconsistent with or repugnant to it) Promising their readiness in their places as became them, to yield their utmost Assistance p. 2to them to sit in safety, for improving the present opportunity for setling and securing the peace and freedom of this Commonwealth; praying for the presence and blessing of God upon their endeavours; who after they had sate many years in performance of the trust reposed in them by the people, and being in the prosecution of that Duty assembled in Parliament at Westminster, upon the 20th. day of April 1653. were then interrupted and forced out of the House from that time untill this very day: Of which force they seemed in this Declaration unfeinedly to repent, by an actual restitution of the Members formerly forced thence, much more then of that **See the Epistle and Appendix to my Speech in Parliament; and the 2d part of the History of Independency.greater and more apparent force of whole Regiments of Horse and Foot drawn up to the house it self in a violent maner, Dec. 6. 1648. where they seised, secured Mr. Pr. with above forty, and secluded, forced away above 300 Members more of the Commons House, only for the faithfull discharge of their Trusts and Duties therein, according to their Oaths, Protestations, Vows, Covenants, Consciences, wherin most think they first turned out of the way, by wandring into other wayes from righteous & equal paths; which Members though they do not particularly invite to sit again, yet they having proved no breach of trust against them, do not in the least measure intimate, that they would forcibly seclude them from sitting if that Parliament should be publickly voted still in being by vertue of the Statute of 17 Carol… c. 7. as they in their Counsel of the Army have actually resolved, by their invitation of the Members thereof to sit again, as Mr. P. & those Members who shewed it to him conceived upon their perusal thereof. Mr. P. being after informed, that the Old Speaker and sundry Members of the long Parliament were then met in the painted Chamber to consult together in order to their meeting again in the House, was moved to go thither to them which he refused, because it was no place where the House of Commons ever used to meet or sit as an House, but only as a Committe upon conferences with the Lords: Soon after Mr. P. heard by some Members and others, that the old Speaker and about p. 3forty Members more, with the Mace carried before them, were gon from the Lords House into the Ho. of Com. & there sate as an House by vertue of the Stat. of 17 Car. c. 7. and their old Elections by the Kings Writs; VponUpon which there being then above 30 of the old secluded Members in Decemb. 1648. in the Hall; they did think fit and agree, that to avoid Tumult, about 12. or 14. of them, in the name of the rest, if freely admitted without any seclusion, or engagement; should in a friendly manner, desire to know of them, Upon what account they did now sit there thus sodainly and unexpectedly, without giving any convenient notice or summons to all the rest of the Members to sit with them? If only by vertue of the Act of 17 Caroli ch. 7. thus penned. Be it enacted and declared by the King our Soveraign Lord, with the Assent of the Lords & Commons, That this present Parl. now assembled shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose; Nor shall any time or times during the continuance thereof, be prorogued or adjourned, unless it be by Act of Parliament, to be likewise passed for that purpose. And that the House of Péers shall not at any time or times during this present Parliament, be adjourned, unless it be by themselves or their own Order. And in like manner. That the House of Commons shall not at any time or times during this present Parliament, be adjou…ned, unless it be by their own Order. And that all and every thing or things whatsoever done or to be doue, for the adjournment proroguing or dissolving of this present Parliament; shall beutterly void and of none effect: Then they intended to send for the rest of the Members walking in the Hall to come in unto them: and to move, that all surviving Members of this Parliament, might by joynt consent particularly be sent to, and invited to meet and sit in the House at a convenient day, before any Vote or Order passed by thē then sitting, thus sodainly convened without any notice (which would be interpreted rather a surprize, and un-Parliamentary practice, both by the absent Members and the whole Nation, than any obliging Parliamentary Vote or Order of the House) and more discontent than invite p. 4the absent unsummoned Members unto them, making the publike rent greater than before. And when they were there assembled, that in the first place they might freely & fully debate this Question, (wherein there were different Opinions between the Members themselves, and other learned Lawyers;) Whether this Parliament was not actually dissolved by the late Kings forcible death? which is clearly M. P. his opinion formerly published) Or, Whether it was not still in being, by vertue of this Act, notwithstanding the Kings death, or any other thing or things done already by the Army-Officers or others for the adjourning, proroguing or dissolving thereof? If it should upon such debate be Voted by the Majority of the House to be really and legally dissolved; they held it their duties and theirs now sitting, to acquiesce therein, and act no farther as a Parl. But if voted still in being, they all held it their duty, to sit and joyn their best Counsels and Endeavours to settle the Government, Peace, Safety of our distracted Church and Nations, now more shaken, unsetled, endangered in their apprehensions than ever, and would submit their private contrary Opinions in this (as in all other Votes) to the over-ruling Judgement of the whole House; as the only hopefull way to revive the antient Constitution, Rights, Privileges of Parliament; and resettle us upon lasting foundations of Peace and Prosperity.

Upon these Resolutions alone, & none other, which Mr. P. intended to propose to those then sitting, he went to the L…bby door of the Commons House, accompanied with Sir George Booth, Mr. Arthur Annesley, Sir Iohn Evelyn, Mr. Th. Gewen, Mr. Charles Rich, Mr. Mountague, Mr. Ri. Knightly, Mr. Hungerford, and one or two more; which being shut to keep out the people crowding on the stairs to get in, through whom they could hardly pass▪ M. P. knocked twice or thrice, but could get no admittance, till the doer being opened to let out M. Nye & som other Ministers, Mr. P. with Sir Geo. Booth and Mr. Annesly, being formost, pressed into the Lobby; and then the door being shut & bolted again, Mr. P. unbolted & p. 5held it open till the rest came in; where they finding Mr. Iohn and Mr. Iames Herbert standing in the Lobby, acquainted them with their intentions to go then into the House, who resolved to go in with them. Coming all up towards the House door, which was shut and kept Guarded (as it presently appeared) by som Officers of the army; Mr. P. required them, to open the door to let them in, being all Members of the old Parliament; who thereupon demanded; Whether they had continued sitting in it since 1648. to 1653? M. P. & the rest all answered, That being Members of the old Parliament, they would give no account to thē or any others of their sitting, but only to the House it self wherof they were Members, being contrary to the Privilege of Parliament, which they & others were obliged inviolably to maintain: Upon which demanding their names, they said; that if they would send in a Note of their names to the House, and they ordered them to come in, they should be admitted. Whereto Mr. P. replied, We yet knew not who were within the House, nor whether they were yet sitting, nor upon what account they sate; nor was it agreeable with the Custom or Privilege of Parliament for one Member to send tickets to his fellow Members for free admission into the House, being all equals, and having an equal right freely to enter into it at all times, as well as they; nor was it their duty thus to capitulate with Members, but obey their just commands in opening the door: Which they …till refusing, Mr. P. demanded, Who and what they were, being all strangers to them? and by whose authority, or order they thus forcibly kept them out? They answered, they were Officers of the army, and had sufficient Authority to keep thē out, if they had not sate since 1648. till 1653. Mr. P. demanded, From whom they had their warrant, since they could have none from those within, being but newly entred; and none else could give thē such a warrant, nor they within before they heard them, and gave good reason for it; demanding them to produce their Order, if they had any in writing, that they might know by whose authority they were thus forcibly kept out; demanding their several names twice or thrice, wherwith they p. 6refused to acquaint them. Upon this M. P. told them, They doubted of their Authority, Orders thus to seclude thē, because they were either ashamed or afraid to tell thē their names, when as they told them theirs: That they knew not whether they were Officers of the Army, or not, unless they knew their names, that so they might inquire the truth of it, or saw their Commissions: And if they were Army-Officers indeed, they had published a printed Decl. in all their names that morning, inviting (as they conceiv'd) all Members they formerly secluded, to return & sit again in the House to discharge their trusts: wherin they professed their former force upon, & seclusion of them, to be a Backsliding, and wandring into UNRIGHTEOUS PATHS; which they seemingly repented of; promising to yield their utmost assistance to them to sit in safety; and praying for the presence and blessing of God upon their endeavours: And if now within few hours after this Remonstrance published, they thus highly and publikely violated it in the view of all there present, by returning to their former Backslidings and Unrighteous paths; in secluding those who were Members afresh, and violating their own Declaration, none would henceforth credit them, or it. Upon which one of them told M. P. He knew he was none of them who sate since 1648. till 1653. therfore they were not bound to let him in, being not within their Declaration. Who retorted, he thought their repentance had been universal, not partial; of all their forces upon the House and Members, especially of their greatest Dec. 6. 1648. when they not only secluded, but secured and imprisoned him and 40 more in Hell, and other places, & forced away 3. times as many more for discharging their trusts, & asserting the true GOOD OLD CAUSE; against their Commissions, trusts, Protestations, and printed Remonstrances; which if they would look back upon and well consider (as they proclaim they had don in their New Decl.) they would find to be one of their greatest Backslidings where they first turned out of the way, w^ch caused God to withdraw his presence and GOOD SPIRIT FROM THEM ever since, and give them up to the prosecution of a New Romish GOOD OLD CAVSE, which had brought p. 7us into a sad posture, occasioned many vicissitudes of dangers, and caused God in his Providence to make all their Essaies to settle us, utterly ineffectual; to convince them of & reclaim them from their Error: which they now pursued afresh, as vigorously as ever: That for his own part after his Impisonment by them against both Lawe and Privilege in 1648. in sundry places, he was again forcibly seised by some of the Army in his House in 1650. and kept a close Prisoner near 3. years under armed guards of Souldiers in 3. remote Castles farr distant frō th…se th…n sitting: Therfore they could not make their unrighteous Imprisonment of him then without any cause or hearing, a just ground to seclude him from sitting now. But all these expostulations of M. P. and others, not prevailing, they desired all present to take notice and bear witnes of this high affront and brea…h of Privilege in this their forcible seclusion▪ And so departing Mr. Knightly meeting Major General Lambert in the Lobby, complai…ed to him of this Forcible seclusion; who gave him a civil Answer to this effect; That things were now in an hurrie, and their entring at this time into the House might causes me disturbance, but doubted not such course would be taken by the Officers of the Army in few daies, that none should be forcibly secluded and so they went from the Lobby into the Hall from whence they came, acquainting those Members they left there with the premises.

After some conference with one another, it was thought fit they should meet about 4. a clock in the Evening under Lincolns Inne Chappel, and in the mean time that every one should inquire, what old secluded, or secured Members were now in town, and how many Members of the long Parliament were yet living, chosen or sitting before December 6. 1648. when they were first forcibly secluded by the Army. Some met accordingly, and upon conference found, there were about 80 secluded Members then in London and Westminster; being near double the number of those sitting that day; and above 300 Members of all sorts yet living, chosen or sitting in the Commons House before Decemb. 1648. over and above p. 8those that now sate; all which they conceived ought in justice to be summoned by the Speakers Letter, freely to meet and sit in the House at a convenient time to be agreed upon; In order whereunto some ten of them met in the Counsel-Chamber of Lincolns Inne (where the old Speaker used to sit in Counsel as a Bencher with the rest of the Benchers concerning the affairs of the Society) as the fittest place to write down a Catalogue of all the surviving Members names, by the help of their Memories and the printed list of them; which having finished, they departed, agreeing to meet in Westminster Hall about 9 of the clock on Monday morning, whither M. P. carried the list of the names he had formerly written, digested into an alphabetical order, to communicate it to other Members, Those that sate meeting on the Lords day, adjourned their House till ten of the clock Mond…y morning: But the Courts not sitting in VVestminster-Hall that day, Mr. P. found the Hall very thin, & few Members in it. Whiles he was standing in the Hall expecting those who promised to meet there, he was twice informed one after another, that there were no Guards at all at the House D▪ or, that any person might freely go into it without examination, there being but few Members within, and the Doors standing open. Whereupon he spake to 4 or 5 Members there met, to go along with him into the House, and if they were freely admitted, to give notice of it to the rest to follow after if they pleased: Some of them were unwilling to go being formerly repulsed, thinking it better to make a Narrative of their former forcible seclusion on Saturday, and to signifie it by a Letter directed to the Speaker, subscribed with their names, which Mr. P. conceived superfluous, since the Door now stood feeely open to all without any Guards to seclude any, and that, as he apprehended, in pursute of Major General Lamberts promise to Mr. Knightly: And it would be idle to complain of that force by Letter, wherewith they might now acquaint those then fitting by their own mouthes, if there were cause. VponUpon p. 9which ground, M. Prynne, Mr. Annesly, and Mr. Hungerford about ten of the clock went to the House, where the doors of the Lebby & House were at first knock opened to them by the ordinary Door-keepers, upon their telling thē they were Members, (there being no Guard at either door:) who delivered to each of them as Members, a printed Paper intitled, A Declaration of the Parliament assembled at Westminster, Saturday 7. May, 1659. They found not about 9. of 10. of those who sate, within the House, who courteously saluted them: After some short discourses, Mr. Annesly, and Mr. Hungerford leaving Mr. Prynne in the House, (out of which he resolved not to stir upon any occasion, for fear of a new forcible seclusion) went back into the Hall to acquaint the Members in it, they might freely enter if they pleas…d: Mr. Annesly returning, was forcibly kept out from reentring by some Soldiers, sent thither (as he conceited) for that purpose. Wherwith he acquainted Mr. P. by a Note, desiring to speak with him at the House door; which being opened, Mr.Annesly pressed to go in to speak with him, but was denied entrance, unless he would give his paroll presently to come out again and not stay in: whereupon he said. Though they had often broken their parolls with them, yet he would not break his parol; but would come forth so soon as he had spoken with M. P. which he accordingly performed. After this Mr. P. had conference with divers Members as they came in, who said they were glad to see him in health, and meet him there again. The House being thin, M. P. turned to the Statute of 17 Caroli, c. 7. reading it to himself; and after that to two other Members: telling them, it was a doubt, whether the old Parliament was not determined by the Kings death, notwithstanding that Act; which was fit to be first freely debated in a full House, before ought else was done. Upon which they demanded, Why he came amongst them, if he made a scruple, or thought it to be dissolved? Who answered, to have it fully debated and resolved in a full and free House. After which Sir Arthur Hasterigge coming in, Mr. P. saluted and p. 10told him, He was glad to meet him again in this place: who presently answered, he had nothing to do to sit there as a Member, being formerly secluded. Whereto he replyed, he had as good right to sit there as himself, or any other Member whatsoever, upon the account of the old Parliament, if in being: having acted, written, suffred more in defence of the rights and privileges of Parliament, than himself, or any sitting with him. Upon which Sir Henry Vane coming in, and stepping up to them, said in a menacing manner: Mr. Prynne, what make you here? you ought not to come into this House being formerly vo…ed out, I wish you as a friend quietly to depart hence, else some course will be presently taken with you for your presumption: which Sir Arthur seconded, telling him, If he refused, that there would be a speedy course taken, and a charge put in against him, for his meetings on Saturday, and actings against the House. To which he replied, He had as good, if not a better right to sit than either of them: That he knew of no Vote to seclude, nor of any there who had right or power to vote him out, being equally intrusted with themselves for the whole Nation, and those he represented: That he was never convicted of any breach of his Parliamentarie trust, and hoped they would have both the justice and patience to hear, before they voted him out: And then he doubted not to make it appear, themselves were greater Infrinegers of their trusts, and more worthy to be voted out than himself. As for their Charge and menaces, he was no way affrighted with them: It being as free and lawfull for him and other Members, to meet and advise together both as Members and Freemen of England, for preservation of themselves, the peoples Rights and Parliaments Privileges, when forcibly secluded, as they did on Saturday; as for themselves, or the Army Officers to meet privately and publickly both in and out of the House, to deprive them of their privileges, as they had oft times done of late: That these high menacing words, were a very ill performance of their New published Declaration, delivered him at the door: That they were resolved (by the gracious assistance of Almighty God) to apply themselves to the faithfull discharge of p. 11their legal Trust; to assert, establish and secure, the Property and Liberty of the People in reference unto all, both as Men and as Christians.) which if they should publikely violate, & null by any unjust charge, or proceedings against him, who had suffered so much, both as an English Freeman, Christian, and Member too (by their 3 years close imprisonment of him without cause or hearing) under their new FREE-STATE, when first erected, and now again upon their very first reviving of it, though a Member, only for coming into the House and meeting with other Members, to claim their rights: It would highly reflect upon their intended new Free State, and make all out of love with it. After which, they going up with other Members into the Committee Chamber, to consult how to dispose of or get him out of the House, about half an hour after they all came down into the House, where Mr. P. continued sitting: the Speaker being come in the interim, they first concluded to goe to prayers, then to sit as an House: whereupon all taking their places, Mr. Prynne took his place too where he usually sat before, resolving not to stirr thence: which Sir Arthur and Sir Henry observing, after some whisperings with the Speaker and others next them; though the Cushion was laid, and order given to call in the Chaplain to pray, yet they countermanded it, telling the Speaker, It was now somewhat late, and they could dispatch little before dinner: therefore they would by agreement, without any adjournment, presently rise and go to dinner, and then sit in the afternoon about one a clock, and the Speaker in the mean time might dispatch a business he said he must needs doe. VponUpon which they all rising, Mr. P. continued in the House till most of them (being about 42. with himself in his computation) were gone out, lest they should return and sit so soon as he was gone, his presence there, being the sole cause of their not fitting. Mr. Prynne then going out after them, found a guard of Souldiers with Halberts at the door, and a Troop of Horse in the Pallace Yard; which were purposely sent p. 12for to keep out the other Members, and Mr. P. if he returned, as the sequel proved. Mr. P. having acquainted some secluded Members in the Hall with these passages in the House; who agreeing to send a letter to the Speaker touching their forcible seclusion on Saturday, he returned to Lincolns Inne, where he dined in the Hall: Immediatly after dinner he repaired to Westminster, with a resolution to goe into the House if admitted▪ or protest against the force if secluded by the Army Gards there placed: he found an whole Troop of Horse, in the Palace yard, and a Company of Foot on the Stairs, and Court of Requests, drawn thither to keep him and other Members out; whereupon he walked in the Hall til past 3. a clock, expecting the Speakers coming, with whom he intended to enter; At last, being informed that he went the back way without the Mace, and was gon into the House; Mr. P. to avoid tumult (a company of unknown persons in the Hall going after to see the issue) went purposely forth towards the Abby, till all were gone from the steps; and then going up only with one of his acquaintance, (no Member) he found the door and stairs before the Lobby strictly garded with Red-coats, who with their Halberts crossed the door and steps so thick that none could pass: whereupon Mr. P. demanded entrance, saying, he was a Member; and they being ignorant who he was, permitted him to pass through their pikes into the Lobby, but secluded his friend from going up with him. When he came at the House door to enter, several Officers of the Army there placed (one of them sitting in a chair) told him, That he must not enter, and that they had special Order to keep him out of the House: Wherupon he Protested against this their forcible double seclusion of him, as an high contempt and breach of Privilege, contrary to their own and the sitting Members Declaration published that day; demanding in the name of all the Commons of England, and those for whom he was elected, free admission for himself and other Members they kept out by a visible force of horse and foot; which was a worse and more real levying of warre against p. 13the Pa…liament, then the beheaded King or his party were guilty of; whose imprisoning, prosecution of MEMBERS OF PARLIAMENT for opposing his unlawfull will, after the Parliament: and coming to the House only to demand the 5. impeached Members, without offering force, or secluding any Member; but ABOVE ALL, HIS LABOVRING THE ENGLISH ARMY TO BE ENGAGED AGAINST THE ENGLISH PARLIAMENT; (being a thing OF THAT STRANGE IMPIETY & UNNATURALNES, that nothing can answer it, but his being a foreiner) with his breach of Faith, Oath, Protestations, in levying war against and offering force to the Parliament only at a distance, without keeping out any by armed Gards) being the principal unparale'ld Treasons, for which the most of those now sitting in their very Declaration of 17 Mar…ii 1648. (expressing the grounds of their late proceedings against him, and setling the p…esent GOVERNMENT in the way of a FREE STATE, now cryed up as their GOOD OLD CAVSE) appealed to all the Wo…ld to judge, whether they had not sufficient cause to bring the K. to Iustice? and execute him as they did: Of all which they were formerly & now far more guilty in placing Gards of Horse, & foot at the Parliament Doors to keep out him & other Members: it being a force and levying of war upon the House it self and Members, which would null all their Acts and Votes, as the sitting Members in their Declaration & Speaker in his Letter, An. 1648. (upon the London unarm'd Apprentices Tumults at the House Doors, though they kept out none) yea some now sitting in their Speeches in the last dissolved Assembly at VVestminster, declared very lately: After which some of the Officers said, Pray talk no more with him: whereto he replies, he must talk a little more to them, in their own Language: That the Army-Officers and Counsel themselves had forcibly turned those now sitting out of Doors, 20 April 1653. and thus p. 14branded them in their Declarations and (a)(a)The true State of the case of the Common-wealth in reference to the Government by a Protector and a Parliament: mainta…ning therein a full conformity to the declared pr…nciples and engagements of the parliament and Army. I… being the opinion of divers persons who throughout the late troubles have approved themselves faithfull to the cause and Interest of God and their Country Presented to the publick, for the satisfaction of others, printed 1654. p. 9.11. which Mr. Prynne had then in his pocket.other Papers he had then about him: for their Dilatory proceedings in the House, unlimited Arbitrary proceedings at Committees, their w…oly perver…ing the end of Parliaments; by becoming studious of parties, & private Interests, neglecting the Publick, so that no Door of Hope being opened for redress of their grievances,, nor any hope of easing the people in their burdens, it was found at length by these their exorbitances, That a standing Parliament was in it self the greatest grievance; which appeared yet the more exceeding grievous, in regard of a visible design carryed on by sowe among them, to have perpetuated the Power in their own hands, it being utterly impossible in that corrupt estate. (even in the judgement of moderate men) that they who made gain the main of their business, should become instruments of our long desired establishment: Therefore it became an Act no less pious than necessary, for the Army now to interpose upon the same equitable ground as heretofore in the like cases of extremity, (no ordinary medium being left) to provide for the Main, in a way irregular and extraordinary, by their most necessary and timely dissolution. Yet notwithstanding all these brands they have publickly layd upon them, (which they and others never yet wiped of by any publick Answer as the formerly secluded Members had refuted those base aspersions and calumnies the Army had falsely cast on them) they had now invited those very Members to return and fit again without secluding, any of them, and engaged to yield them their best protection, as the Assertors of the Good Old Cause, who had a special presence of God with them, and were signally blessed in the work: yea as the only Instruments for setling and securing the peace and freedom of this Common-wealth: Therefore they had far greater reason to invite & call in him & the other first secluded Members than thus forcibly to exclude and ascribe and give to them alone the Supreame Authority of the Nation p. 17which they have engrossed to themselves without the peoples Vote or Election in whō alone they have formerly **Ian. 6.1voted it; A presage of their subsequent Free-State proceedings, when once setled in their Government, and a strange contradiction; Wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded, against whom they had not the least Exceptions, to settle us again in peace and freedome, which they had done when they sate, had they not secluded them. After which one of the Army Officers told Mr. Prynne, he had deserted the Good Old Cause: To which he replyed, That the true Good Cause for which they were first raised, was only to defend the Kings person, Kingdom, Parliament, all its Members, Privileges, and secure them against all force and violence whatsoever, which cause they had not only deserted but betrayed, and fought against, contrary to all former Engagements, to which cause he adhered, and defired entrance to maintain it. To which he answered. That indeed was once their Good Old Cause; but now it was not so, for since they had pursued another Cause: Mr. P. replyed, that then they were real Back-sliders therein, and their Cause neither old nor good, but bad, new and destructive to the former old one. In conclusion Mr. P. pressed them to shew their order forbis seclusion, & tell him their names; They answered they would not shew it, nor tell their names: He then told them, That certainly their Good Old Cause was in their own Iudgements, Consciences very bad, since they durst not own it by name: They answered, That Mr. Annesly the last day when they refused to tell their names, as they do now, had inquired out some of them, from whom be might learn them. In conclusion when he could not prevayl, he told them, they declared themselves and those now siting arrant Cowards, and their magnified Good Old Cause to be very bad, since they were afraid of one single person without Arms, when as they were a whole Army of armed men, and bad above 40 voyces to his one, yet were afraid to admit him in, for fear he alone should blow them all up with the breath of his mouth, and goodness of his cause. And so departing, he met Mr. Prydeaux in the Lobby, and desired him to acquaint those within, that he was forcibly kept out of the House by the Souldiers, who beset the passages to keep out what Members they pleased; Then returning again into the Hall, a secluded Member he there met pressing him to know what passed in the Lobby: he related the sum of what was done and said, which divers pressed about him to hear, and some common Souldiers among others; who when he had ended his Relation, said, he was an honest Gentleman, and had spoken nothing but truth and reason. After which meeting with Colonel Oky in the p. 16Hall (who came over to transport him from Iersy into England, they had some discourse touching his forcible seclusion, and the great scandal and ill consequences of it; which divers pressing to hear, Mr. P. went out of the Hall to avoid Company, and meeting with the Member who drew up the Letter to the Speaker, perused and signed the fair Copy, and so departed to Lincolns Inne without any Company.

This being an Exact Narration of the truth, substance of what passed between Mr. P. the Army-Officers, and those now fitting, on the 7th. and 9th. of this instant May, both in the Lobby, House, and elsewhere, Mr. Prynne being since necessitated to publish it, to prevent and rectifie the various misreports thereof. He shall now relate, (as a Corollary thereunto) the true and only reasons then inducing him (after earnest Prayer to God for direction and protection in this Grand Affair) to press the admission of himself and other Members into the House, to correct the manifold contradictory censures of what he then did and spoke.

Some have been staggared and amazed at it, as if he were now turned an Apostate from his former principles, acting both against his Judgement and Conscience, to cry up, and make himself a Member of that old Parliament, which he publickly printed to be dissolved above ten years since, by the Kings death; Others have censured it for a rash, foolish, and desperate attempt.

A third sort condemn it as a seditious, tumultuous if not treasonable Action, prejudicial to the publick peace and settlement, deserving severe exemplary punishments.

A fourth Classis doome it, as a scandalous Act, dishonorable, destructive to our Religion.

A fifth sort cry it up, as a most necessary, heroick, national, zealous Action, deserving everlasting honor, prayse, thanks from the whole English Nation, and a necessary incumbent duty as a Member of the old Parliament, (though legally dissolved) being pretentionally now revived against Law, Truth, by those very Army Officers, who six years past ipso facto dissolved, and declared it to be dissolved; yea have held many new Mock-Parliaments of their own modelling since, all proving abortive, by forcible ruptures as the long Parliament did

It is not in Mr. Prynnes power to reconcile or controll these contradictory censures; neither was he ever yet so foolish or vain-glorious, as to be any wayes moved with the censures, opinions, or applauses of other men; nor so ambitious, covetous, as to pursue p. 17any private interest of honor, profit, revenge, &c. under the notion of publick Liberty, Justice, Reformation as many have done; nor so Sycophantical as to connive at others destructive exorbitances, guilded over with specious Titles; this being his constant rule, to keep a good Conscience in all things both towards God and man, Acts 24.16. to discharge his publick trust, duty towards God and his Native Country, though with the probable hazard of his life, liberty, estate, friends, & what else may be precious to other men; to trust **Comforting, supporting himself against all persecutiōs, reproaches, libels, calumnies cast upon him: With Mat. 5.10, 11, 12. 1 Pet. 3.14, 16, 17. c. 4.12, 13, 14, 16. Phil. 1.29. 2 Cor. 4.8, 9, 10, 11, 16, 17. c. 1.3, 4, 5, 12.Matt 5:10Matt 5:11Matt 5:121 Pet 3:141 Pet 3:161 Pet 3:17Phil 1:292 Cor 4:82 Cor 4:92 Cor 4:102 Cor 4:112 Cor 4:162 Cor 4:17God alone with the success, reward of his endeavors, to let others censure him as they please; to fear no Mortal or power whatsoever in the discharge of his duty, who can but kill the Body, Mat. 10.23. (nor yet do that but by Gods permission) being utterly unable to touch the Soul, but to fear him alone who can cast both Soul and Body into Hell.

The only ground, end, motive, inducing Mr. Prynne thus earnestly and timely to get into the House, was no wayes to countenance any unparliamentary Conventicle or proceedings whatsoever, nor to own those then sitting to be the old true Commons House of Parliament, whereof he was formerly a Member, as now constituted, much less to be the Parliament it self then sitting; but to discharge the trust to which he was once …nvoluntarily called without his privity or solicitation, by an unanimous election, a little before the last Treaty with the King, having refused many Burgesships, freely tendred to him with importunity, both before his election at Newport and since, being never ambitious of any publick preferments, which he might have easily obtained, had he but modestly demanded, or signified his willingness to accept them. After his election against his will and inclination, he came not into the House till the Treaty was almost concluded, (and that at the request of divers eminent Members) only with a sincere desire to do that cordial service for preservation of the King, Kingdom, Church, Parliament, Laws, Liberties of England, and prevention of those manifold Plots of forein Popish Adversaries, Priests, Jesuites, Sectaries, seduced Members, Army-Officers, and Agitators, utterly to subvert them, which other Members overmuch or totally neglected, coldly opposed, or were totally ignorant of: What good service he did in the House during that little space he continued in it, is fitter for others then himself to relate. How fully he then discovered to them the true original Plotters, fomenters of that Good Old Cause, now so much cryed up and revived, how strenuously he oppugned, how truly he predicted the dangerous conseqnences of it, since experimentally verified beyond p. 18contradiction, his printed Speech Decemb. 4. 1648. can attest, and his Memento, whiles he was a prisoner: For this Speech & good service of his in discovering, oppugning the New Gunpower-Treason then plotted and ripened to perfection, to blow up the King, Parliament, Lords, Laws, Liberties, Religion at once, violently prosecuted by the force, Remonstrance, and disobedient practises of the rebellious Army Officers and Souldiers, he was on the 6th. of December 1648. forcibly seised on at the Lobby-Door as he was going to discharge his trust, and caried away thence by Col. Pride and others.

How unhumanly, unchristianly Mr. Prynne (seised with other Members at the House door Decemb. 6.) was used by the Army-Officers, who lodged him (& them) in hell on the bare boards all that cold night, almost starved him (and them) with hunger and cold at Whitehall the next day, imprisoned him many weeks in the Strand, and after seised, kept him (by a new Free-state warrant) a strict close Prisoner in three remote Castles nigh three years, for his Speech in the House, against their most detestable Treasons, and Jesuitical proceedings against the King, Parliament, Privileges, and Members of it, is (a)(a)See Mr. Prynnes Epistle and Appendix to his Speech in parliament, His 2d. part of the Narrative of the Armies force, 1640. and A new Discovery of Free-State Tyrany. 1655.elsewhere at large related: This being all he gained by being a Member, and for asserting that true Good Old Cause against the new Imposture now cryed up afresh, to turn our antient Kingdom into a New Republick, and our Parliament of King, Lords, and Commons, into a (b)(b)See his brief Memento to the present unparliamentary Iuncto. 1648.select, unparliamentary juncto, or forty or fifty Members of the old 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 (c)(c)In his Memorial for Reformation of England. 1590. Wat…ōs quodlibets p. 92. to 96.310. to 334. Wil. Clarks his answer to Father Parsons Libel. p. 75.Parsons, and other Jesuites, and Tho. Campanella the Italian Frier (d)(d)De Monarchia Hispanica, c. 25, 27.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 p. 19at 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 (e)(e)Romes master piece, and hidden works of Darkness brought to publick light.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 (f)(f)Historia part 3d. Venetiis, 1648. p. 175, 176.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 (g)(g)See the instrument of Government, and petition and advice, Section 1.(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, **A Collect p. 849, 858, 862, 863, 867, 868.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 p. 20well as the late King,iiAppendix to his Speech, p. 118. and relation of the Members seclusion. 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.**See Mr. Prynne Good Old Cause stated & stunted, p. 3, 4, 5.6, 10,

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 kkSee Mr. P▪ his Gospel plea, Watsons quodlibets, and rhe Case of …he Common wealth of England rightly stated.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, llSee his legal plea against Illegal Taxes, his legal Vindication, p. 3, …, 4. his Brief Register of Parliamentary Writs, and Plea for the Lords.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, p. 21acted 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 p. 22in or near the Cities of London or Westminster, might by publick Proclamation be removed to a convenient distance thence, according to the ll… E. 1. Restall Armor, 1. Cooks 4 Instit. p. 14. Mr. Prynnes Brief Register of all Parliamentary writs p. 27, 28.177, 215, 216. Exact Abridgement of the records in the Tower, p. 11, 12, 14, 17, 19, 22, 27, 36, 38, 195.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 mmMr. Prynnes Brief Register and Survey of Parliamentary writs p 431.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; nnSee their Votes, Jan. 6. Declaration, 11 Martii 1648. The Agreement of the People and Armies Remonstrance and Petition Nov. 16▪ 1648. & Ian. …0. 1649.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 oo1 Jac. ch. 1. Ash-Parliament. 10.Jas 1publick 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 ppCl. 33 E. 1. m. 4. dors.Parliament Writs of Summons p. 23and 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 qq1 H. 4. Rot. parl. n. 25. Plea for the Lords, p. 434.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 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 pernitious 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 declaring themselves alone to be the Parliament of England, beheading the King p. 24himself, their dis-inheriting the whole House of Lords and their Heirs for ever of their Parliamentary Session▪ Judicature, Privileges, as much as in them lyeth; and thousands more of their real and personal Estates; their forcible secluding, securing the greatest part of their Felow-Members, then, and now again by the Armies power, and sitting under their force (which by their own Declaration of August 6, and the Armies in pursuit thereof August 8. the Speakers Letter, Iuly 29. 1648. yea Sir Arthur Haslerigges own Speech, and others of them, the very two last dayes they sate in the last Convention, nulls all they voted or ordered) must needs be a more execrable transcendent crime by thousands of degreees, a greater derogation to the state of the Parliament and its Privileges, of more fatal consequence to the whole Kingdom, and of far more pernicious example, than this Act of his, eternally to be exploded, declared null, void to all intents in it self, and demeriting the Highest censures, that the Justice of Parliament can inflict, being a more superlative Treason and High Misdemeanour than this Kings, or Canterburies, impeached by the whole House of Commons, and many of them thus acting, sitting, Canterburies Doome, p. 27, 31. Mr. Pyms Speech▪ 16 F…br. 1640.That to preserve himself from being questioned for his Trayterous courses, he hath laboured to subvert the rights of Parliaments, and the antient course of Parliamentary proceedings: this being the last Article of his impeachment, for which amongst others he lost his head, Which Presidents Mr. Prynne would have pressed them viva voce seriously to consider, at which they must needs stand mute and astonished not having one syllable to reply.

4ly. He would have propounded, That when all the Members met together, They should in the first place debate this point, whether the old Parliament were not actually dissolved in point of Law, by their beheading the King, notwithstanding the Statute of 17 Caroli c. 7▪ which though themselves by their former and present sitting by pretext thereof, the Army-Officers heretofore and now again deny, and many secluded Members hold still to be in being, yet for his own opinion he held, and had **See his legal Vindication against illegal Taxes. p. 44. to 51. His Plea for the Lords: and Brief Register.published it to be dissolved notwithstanding this Act, and to be Casus omissus out of it, which he was ready to maintain against all Opponents, by these reasons,

1. Because it hath been frequently resolved by Parliaments themselves, the Reverend Judges, and our Law-books, as 1 H 4 rot. Parl. n. 1, 2, 3, 1 H. 5. Rot. Parl. n. 16.4 E. 4. f. 44. Cooks 4. Instit. p. 44. by King Charles own Declaration, 13 Iunii, 3 Caroli, and his Judges and Counsel then, that the deposition, and death of the King doth actually dissolve the Parliament, and that the new King cannot hold and continue the old Parliament sitting, or prorogued at his Ancestors death, the Parliament of 22 R 2. being dissolved by his resignation of his Crown, and the Parliaments of 14 H. 4. & **Mr. Rushworths Historical Collect. p. 2…0, 271.24. Iacobi, by the deaths of these two Kings, and by like reason the last Parliament of 16 Caroli by his violent death.

2ly. Because the Parliament is no standing Court, sitting at certain p. 25seasons by positive Laws, but summoned, constituted ssCooks 4 Instit. c. 1. Cromptons Jurisdiction of Courts, Br Tit. Parliament. A Brief Register, Survey of Parliamentary writs p. 42…, 423, 424, 432. Mr. Rushworths Historical collection, p. 423.by the Kings writs of summons, and royal Prerogative, when and where he pleaseth; and adjourned, prorogued, dissolved by his writ alone in point of Law and practise in all ages at his pleasure; sitting sometimes longer, sometimes shorter, and sometimes prorogued to another day, place, or countermanded after summons, upon just occasions, as the Parliament, & Clause Rolls, the Act of 16 Caroli c. 1. and other Statutes resolve. Now all writs of summons being actually abated by the Kings death which made them, as well as all Commissions, Patents of all Judges, Justices, Sheriffs whatsoever, and other writs, informations in the Kings name and behalf, as the Statute of ttCooks 7 Report, Calvins case, f. 10.E. 6. c. 7. Cooks 7 Report f. 29, 30. Crookes 1 Part. p 1, 2.10.11.97.98. and other Lawbooks collected by Asb, Discontinuance de Pr…ces 16. and Reattachment 7. determine. The writs of summons, and likewise of Parliament must needs abate likewise: And the Lords being made Judges, and the Commons **4 E, 4. & 44.Members of that particular Parliament only by the Kings writ: his death must determine their Parliamentary Judicature or Authority, sitting, during the Kings pleasure, as well as the Judges, Justices, Sheriffs Patents, and all other Commissions whatsoever.

3ly. Because every Parliament heretofore, & in the reign of K. Charls, by the very recitals of the Writs, is called: 1. In the name and by the authori…y only of the King regnant (in his natural capacity, accompanied with his politick) by his Christian name, Carolus Dei gratia Rex, &c. expressed in it, not generally by the Office King, but Carolus Rex. 2ly. It recites it to be called vvSee Mr. Prynnes Brief Register, Kalendar & Survey of Parliamentary Writs.De a…isamento Consilii nostri: 3ly. It stiles it quoddam Parliamentum nostrum 4ly. That the occasion of calling it, was about certain arduous businesses Nos et defensionem Regni nostri, (& Iura coronae nostrae, &c. in many antient writs) contingentibus: 5ly. That his intention in calling it, is Quia cum Praelatis, Magnatibus et Proceribus dicti regni nostri, or nostris, Colloquium habere volumus et Tractatum. 6ly. It summons them thus; Vobis mandamus, &c. quod personaliter intersitis Nobiscum, or ad Nos, such a day and place, Nobiscom et cum caeteris Praelatis, Magnatibus, et proceribus praedictis tractaturi, vestrumque Consilium impensuri, super negotiis antedictis. 7ly. The Knights, Citizens, Burgesses and Barons of ports in the Commons House are summoned to doe and consent to those things which shall happen by Gods favour to be then ordained De Communi Consilio supe… Negotiis antedictis (in sundry Writs stiled by the King, Negotia Nostra, Negotiorum nostrorum, &c) which clause is thus explained in Claus 36 E. 3. d. 16. cl. 37 ….3. d. 22 cl. 38 E. 3. d. 3. cl. 39 E 3. d. 2. cl. 42 E. 3, d. 22. cl. 47 E. 3. d. 29. ad consentiendum biis quae per Nos, ac dictos Magnates et Proceres or…inati contigerit favente Domino. From all which particular clauses in the very writs of summons, it is undeniable, that the Parliament of 16 Caroli, was ipso facto dissolved by the Kings death: 1. Because this Parliament was summoned particularly by King Charles in his natural as well as politick capacity, not in his politick alone, nor yet by or for him, his heirs & successors; who ceased to be both Charles and p. 26a King of this Realm by his death 2ly. The Counsel by whose advice it was summoned, was his, not his heirs and successors Counsel. 3ly. The Parliament convened, his Parliament alone, not his heirs or successors, both of them ceasing to be his Counsel or Parliament by his decease. 4ly. The subject matter for which it was summoned. Divers urgent and arduous businesses concerning Us, not our heirs or successors, and the defence of Our (not their) Realm of England: who was no more Us, and the kingdom no more his 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 Us, not our heirs or successors, to give Us 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 Us concerning the foresaid businesses relating to Us 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.

p. 274ly. If any man by his will, deed, the King by his Commissions, the Parliament by a special Act or Order, shall aaCooks 1 Instit. p. 181. b. & 5 Rep. f. 9. Dyer 190, 191 Ash. Authority 22.24. & the Books there cited, 19 H. 7. c 7.authorize, impower any 3. persons joyntly to sell lands, give livery and seisin, execute any Commission, as Iudges, Iustices, 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 acts 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 **Dyer, f. 60.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 bbModus tenendi Parl. H. de Knyghton de Event. Angliae l. 5. col. 2680.2681. Grafton p. 349, 350, Mr. Prynnes Plea for the Lords, p. 27, 29. Exact Collection, p. 125.142.360.Kings personal absence from his Parliament heretofore and of late, was reputed very prejudicial to it, and his calling away some Lords, Great Offi…ers, 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 ccPlowden, f. 117. Dyer, f. 107. b. Mr. Seldens Titles of Honor, & Mr. Prynns Plea for the Lords, and House of Peers.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, Iudges, ddCooks 4… Instit. p. 25.51 E. 3. rot. Parl. n. 47. … R. 2. rot. Parl. 2 n. 52.11 H. 4. n. 30.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, eeExact Collection, p. 163, 164, 250, 316, 317, 318, 312, 793, 794.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 Iacobi 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, p. 28Declaration 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 Iure & 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 Parliamen.) 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 xxCooks 7 Report. Calvins case, f. 10 11.King in Individuo may, and doth oft times die: and if the successive deaths of all our Kings since we were a kingdom be not a sufficient proof thereof; the very Objectors and Iohn Bradshawes yySee the History of the Independency, part 2. Salmatius & Bochartus.beheading the late King, and putting him to such a shamefull publike death, as no Pagan nor Christian lawfull King of England ever formerly suffered by perfidious, perjurious, treacherous Subjects since it was an Island, (against our Laws and Votes of Parliament, in the Highest Court of Injustice created by them for that end) is a sufficient evidence, that the King of England dieth as well as other men, (as they all must likewise doe in Gods due time) unless they will make the World believe to expiate their Treason, that they did not kill the King in cutting off his head, but that he is still alive, because some others (as is reported) did reunite and sow it to his bodie, when severed from it by them. But of this enough, since M. P. presumes they will henceforth rather renounce their Parliaments being, than bottom its present existence upon this **Hab. 2.12.Hab 2:12bloudy foundation, and their exploded Kingship.

Objection 2.The 2d. Objection is from the words of the Statute of 17 Caroli, c. 7. which declareth, enacteth, That this present Parliament now assembled shall not be dissolved, unless it be by Act of Parliament: In the Negative: Ergo, It shall not be dissolved by the Kings death, being no Act of Parliament, nor any Act of Parliament yet made for its dissolution.

Answ.Whereunto Mr. Prynne answers: 1. That the sole end, scope of this Act was not to provide against the dissolution of the Parliament by the Kings natural, or violent untimely death, not then thought of, (he being in perfect health, likely to live many years by the course of nature, and to survive all the ends for which this Act was made,) but to raise credit for the Parliament to provide monies by this Act, to prevent the untimely dissolution, proroguing, adjourning of this Parliament by the Kings own regal power: He having prorogued, dissolved all former Parliaments during his Reign in discontent, by his Regal power (not death) against the Lords and Commons wills. 2ly. This is intituled, An Act to prevent Inconveniences which may happen by the untimely adjourning, proroguing, or dissolving of this present Parliament, and the Prologue, Body of the Act, provide joyntly and severally against all three, to wit, the untimely proroguing, p. 29or adjourning, as well as dissolving of this Parliament. But no Parliament ever was, is, or possibly can be untimely prorogued, or adjourned, by the Kings death, but only by his actual Regal will and power: Therfore the dissolving of it, intended by this Act, must be only an untimely dissolution by his actual will, Commission, writ, and regal power, alone, by which his former Parliaments were prorogued, dissolved against the Lords and Commons assents, not by his death, whether natural or violent, being against his will, and no part of his Regal Supremacy, but only of his human frailty 3ly The Inconveniences the Commons feared would ensue by the untimely dissolution of this Parliament, and endeavoured to prevent by this Act, are thus expressed in the Prologue. Where as great sums of mony must of necessity be suddainly advanced and provided for relief of his Majesties Army, & people of the Nothern parts of this Realm, and to prevent the imminent danger this Kingdome is in, and for supplying of other his Majesties present and urgent occasions, which cannot be so timely effected as is requisite, without credit for raysing the said mony: which credit cannot be obtained, untiil such Obstacles he first removed as are occasioned by Fears, Iealousies, Apprehensions, of divers of his Majesties Subjects, that this present Parliament may be adjourned, prorogued, or dissolved, (1.) before Iustice shall be executed upon Delinquents, (2ly.) publike grievances redressed, (3ly.) a firm peace between the two Nations of England and Scotland concluded, (4ly.) and before sufficient provision be made for the repayment of the said monies, so to be raysed: all which the Commons in this present Parliament assembled, having duly considered, do therefore humbly beseech your most excellent Majesty, that it may be declared and enacted. And be it therefore declared and enacted by the King our Soveraign Lord, with the assent of the Lords and Commons in this present Parliament assembled, and by authority of the same, That this present Parliament now assembled shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose, &c. By which it is undenyable, 1. That the Commons when they petitioned for, the King when he declared, enacted, & the Lords and Commons when they assented to this Act, did never think of or intend to provide against a dissolution of this Parliament, by the Kings untimely death, nor of a future dissolving it by an Act of Parliament by his Successors or others after his decease; but on the contrary, presupposed the continuance of his life, and of this Parliament thereby, till all the inconveniences they recite were prevented, and a new Act passed by him and them jointly to dissolve this Parliament when these Inconveniences were prevented and things effected: Which is irrefragable, 1. Because they declare in Terminis, The speedy advancing and providing of monies, for the relief of his Majesties Armies, and people of the Northern parts (not their subsequent Armies) and the supply of his Maiesties present and urgent occasions, (not their own) and the Fears, Jealousies, and Apprehensions of divers his Maiesties Loyal Subiects, &c. o be the only ground of their humbly beseeching his Maiesty for this Act. All which p. 30presuppose his life, being, preservation, and the Commons great care of complying with him as their Soveraign Lord, without the least thought of his untimely death since happening, or secluding the King or his Poûeritie, out of this and all future Parliaments by colour of this Act, as those now fitting have done point-blanck against it. 2ly The Fears, Jealousies, and Apprehensions they had occasioning this Act, were only these, That this Parliament might be adjourned, prorogued, dissolved, 1. Before Justice shall be duly executed upon Delinquents, (then in being and complained of, as Strafford, Canterb…ry, the Ship-mony Iudges and others, not new Delinquents since, not then dreamed of. (2ly.) Before publick Grievances redressed (those then complained of, not others arising afterwards.) 3ly. Before a firm peace between the two Nations of England and Scotland concluded, (by reason of the former not subsequent breaches between them and the King) 4ly. Before sufficient provision to be made for the repayment of the said monies to be raised, (not for the Parliaments subsequent Armyes and occasions) but for his Maiesties Army and people in the North, the preventing the then imminent danger of this Kingdom (not of our new Common-wealth, or dangers since arising) and for supply of other his Maiesties present (not future) and urgent occasions. But none of these four particulars could be accomplished by the Lords or Commons alone after his Majesties death,Nota. but by the King alone, or by his concurrence with them whiles living: Yea they were all actually accomplished in his life time, long before his death. The first, by the Executions of Strafford and Canterbury; the impeachments, censures of the Shipmony-Judges, and other Delinquents both in Scotland & Ireland, The 2d. by the**Better Acts than ever the Republicans made or intend to make for the peoples ease and benefit: who only doubled, trebled all their Taxes, Grievances, insteed of removeing them. Acts abolishing Shipmony, & the taking of tonnage, poundage, and other Taxes without Act of Parliament: the Acts for the preventing of Inconveniences, happening by the long intermissions of Parliament: For regulating of the Privy-Counsel, taking away the Court of Star-Chamber, and High-Commission, against divers Incroachments and oppressions in the Stannary court: For the certainty of Forests and their meets and bounds: for the better ordering and regulating the Office of the Clerk of the Market; for reformation of false Weights and Measures, for preventtng vexatious proceedings touching the order of Knightship, for the abbreviation of Michaelmas Term, and for the free importation of Gunpowder, and Salt-peter from forein parts, and making of them in England. By all these good Acts passed freely by the King soon after or before this Act, he fully redressed all Grievances then complained of, or intended within this Law. The 3d. by the Act of Confirmation of the Treaty of pacification between the two kingdomes of England and Scotland. The 4th. by the several Acts passed for the Relief of his Majesties army, And the Northern parts of this kingdom; For the better raising and levying of Mariners and others for the present guarding of the Sea and necessary defence of the Realm (not Republike;) For the Subsidies of Tonnage and poundage granted to the King, for the speedy provision p. 31of money for disbanding the Armies, and setling the peace of the two kingdoms of England and Scotland; For securing such monies as are due to the Inhabitants of the Northern Counties, where his Majesties Army have been billetted. And for securing by publike faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland; all passed and published by the King himself, Anno 16 & 17 Caroli 1640. & 1641. at least 7. years before his beheading: It is most certain, that all these ends of making this Law, (as the Prologue thereof, and the word THEREFORE in the Commons prayer, infallibly declare) were fully accomplished by the King in his life, so long before his untimely death: Therfore none of thē now remaining to be performed; & all acted …ince their accomplishment by those now sitting, being diametrically contrary to this Act, these ends, and occasions of it; this Parliament must of necessity be beheaded, expired with the King; and cannot survive his death. 4ly. The words, That this present Parliament assembled shall not be dissolved, unlesse it be by Act of Parliament to be passed for that purpose, nor shall at any time or times during the continuance thereof, (twice recited in the subsequent clauses) be prorogued, or adjourned, unlesse it be by Act of Parliament to be passed for that purpose; can be intended of no other but that present Parliament, which passed this Act: which consisted of The Kings Maiesty our Soveraign Lord (by whom this and all other Acts passed or to be passed, was declared and enacted; and this intended Act likewise) not of his heir or successor after his death; and of the Lords and Commons House then in being; not any new House of Lords or Commons succeeding after their deaths then sitting: Therefore when the King was cut off by an untimely death, and thereby an impossibility accruing to dissolve it by an Act of Parliament within the words or intent of this Act; it must of necessity be dissolved by his beheading: Impossibilities making Acts of Parliament to perform them meerly void, as our Lawe makes nnBrooke, Perkins, Fitzherbert, Ash. Tit. Condition 29.Impossible conditions; 5ly. This Act and those who made it, must have and had a retrospect to the Writs whereby it and they were summoned, and the ends, things therein expressed: But they all determined, and became Impossible after the Kings beheading; Therefore the Parliament must be destroyed with him:ooSerj. Finch his Maximes of the Law, Cook and others. since cessante causa, cessat effectus, & cessante primativo, cessat derivativum, as all our Lawyers, Law-books; and natural reason resolve. 6ly. The last Clause of this Act, Tha… every thing and things whatsoever done or to be done, (to wit, by the King or any other) for the Adjournment, proroguing, p. 32or dissolving of this present Parliament, contrary to this Act; shall be utterly void and of none effect, do clearly explain the meaning of this Act to be this, That it extends only to things done or to be done by the Kings will and power, as to his Commissions Proclamations, Writs, Warrants, Precepts, to adjourn, prorogue, or dissolve this Parliament, (as he had done others heretofore) here declared to be utterly null and void; not to his death wherein he was only passive, being forcible against his will and the Parliaments too: which death no Parliament can make null and void, in respect of the Act it self; so as to restore him to life, though the whole Parliament, and our three Kingdomes may and ought to null it, in respect of the illegal manner of his Execution, not to be paralel'd in any Age. 7ly. The Commons themselves in their ddExact Col. p. 41.Remonstrance of the State of the Kingdom 15 Decemb. 1641. Declared, That the abrupt dissolution of this Parliament is prevented by another, (this) Bill; by which it is provided, it shall not be dissolved, adjourned, without the consent of both Houses: Yea the Lords & Commons in their eeExact Col. p. 203.Declaration of May 19. 1642. declare, That excellent Bill for the continuance of this Parliament was so necessary, that without it we could not have raised so great sums of monies for his Majesties service, and Common wealth as we have done; and without which the ruine and destruction of the Kingdome must needs have followed (as since of the Kingdom, and Parliaments too by pretext thereof.) And we are resolved the Gracious favour of his Majesty expressed in that Bill, and the advantage and security which thereby we have from being dissolved (by him;) shall not encourage us to do any thing which otherwise had not been fit to have done, Which whether these formerly & now sitting have performed, let their own Consciences resolve. After which the Lords and Commons in their humble Petition to his Majesty, ffExact Col. p. 260.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 ggExact Col. p. 704.26th. 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 p. 33thereof, (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: hhExact Collect. p. 250.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. iiExact Collection p. 323.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 (kkExact Collect. p. 364. 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 p. 34of 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. 9ly. 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, **Some of them Prisoners in execution, sent for out of Goal, to make up an House.Henry Martin, Lord Monson, Mr. Chaloner, Mr. Heningham, Alderman Atkins, Alderman Penington, Th. Scot, Corn. Holland, p. 35Sir 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 absent Members, or those then in London, or Westminster-Hall, who were not of their combination: setting Gards of Army-Officers at the Door, (who conducted them thither,) and presently secluded Mr. Prynne, and the other Members who upon the first notice of their sitting came to know upon what account they sate: taking forcible possession with Souldiers, and strong hand of the Commons House, and keeping themselves in possession thereof by force against the secluded Members & majority of the house, contrary to the Statutes of 5 R. 2. c. 7.15 R. 2. c. 2. 8 H. 6. c. 9.31 Eliz c. 11. against forcible entries and deteiners; the Statute of 7 E. 1. the Libertie, Privilege, Rights, and Usage of Parliaments: A practice utterlie unseeming such transcendent Saints, Patriots of publick Liberty, as they boast themselves, & that Honor, Justice, Honestie, Synceritie, Gravity, Wisedom, which becomes all Members of a Parliament, and Reformers of all publick Grievances, Frauds, and indirect practises in others. 3ly. That old House of Commons had a special care of providing for the Kings Armie, his urgent and present occasions: professed themselves his loyal Subjects, and him to be their King and Soveraign Lord; humblie besought his most Excellent Majesty, that it might be declared and enacted by him, that this Parliament might not be dissolved, prorogued, or adjourned; but by Act of Parliament; acknowledging they could make no such Act without his Majesties Royal assent, and that both the King and Lords House were essential Members of the Parliament within this Act. But those fitting since 1648. till 1653. and now again thus entring the House, by pretext of this Act, have renounced, abjured, and professedlie engaged against all p. 36this, to which they are direct Antipodes; Therefore no Commons House within this Act. 4ly. The Commons House within this Act, was that House which was then in being when this Act passed, dulie elected by the people by the Kings Writs, not the Armie-Officers, and pursued the self-same ends recited in the preamble, for which this Act was made and assented to by the King and Lords. But this New House was created, constituted, not by the Kings writs, or peoples election, but the Armies swords, and conspiracie, 7 years after this Act first passed; then disowned, and turned out of Doors above 6 years by the Army; and now re-inducted into it by their armed Votes and force to serve their ends, not to pursue those mentioned in the Act, accomplished many years since, and now becoming impossible. Therefore they are not so much as an House of Commons within this Act, and the Armie-Officers and Souldiers who formerly thrust them out, & now recall them; may do well to consider that Gospel-Text, Gal. 2.18. If I build again the thing I destroyed, I make my self a Transgressor, even against this very Law, as well as the law of God, and other laws of the Land.

XI. If they are not so much as a Commons House of Parliament, much less then are they the lawfull Parliament of England, in anie sense within the letter or meaning of this Act, no more than so manie of the old Gunpowder Popish-Traitors, (had their Treason taken so good effect in blowing up King Iames, the Lords whole House, and majoritie of the Commons House there assembled, as their late new Powder-plot hath done) had been the onlie lawfull Parliament of 3 Iac. they destroyed, in case they had entred then into the Commons House with the Mace before them, and created, stiled themselves alone the Parliament of England, as a right devolved unto them by Conquest or Succession; which had they presumed to do, no doubt the whole English Nation **2 Kin. 21.23, 24, c. 14.5.6, 1 1 King. 16.16 to 21.2 Kgs 21:232 Kgs 21:241 Kgs 16:16–21would have risen up against them as one man, and never have so far dishonored themselves, their Religion, or Countrie, as to own and submit to those Jesuitical Romish-Traitors, only for destroying of their lawfull King, Lords House, and English Parliament it self, as the onlie true old English Parliament then re-assembled. The Reasons are unanswerable.

1. Because the whole House of Commons then sitting in its primitive splendor, fullnesse, freedome, was by its own quadruple acknowledgement in it, no more but the Commons House, and one Member of this Parliament, not the Parliament it self; never owning, p. 37but professedlie disclaiming it self to be the Parliament, or present Parliament within this Act. 2ly. Because this Act was made not by the Commons alone without the King or Lords concurrence, but by the King as their Soveraign Lord, declaring and enacting, and the Lords and Commons, as jointlie assenting thereunto. 3ly. Because it is most absurd to conceive, that the King and Lords by passing this Act, to continue this Parliament as then constituted, till dissolved by Act of Parliament, did **See Exact Col. p. 135, 148, 317 to 314.ever intend to seclude themselves quite out of it, or to make the Commons House alone an absolute independent Parliament, without both or either of them; though five times speciallie providing by name for their Parliamentarie interests; Or that they or the Commons intended to make each of themselves a distinct Parliament without the other, and so to erect three New Parliaments at once, by providing against the untimelie proroguing, adjourning, or dissolving of one; The King and Lord… both jointlie and severallie having the self-same Arguments from this Act to prove each of them a several or joint Parliament without the Commons, by the Commons own intention in passing this law, as the Commons have to justifie themselves to be a Parliament, now they have secluded and engaged against them both, and will admit of neither as Members of their Parliament, when as this verie Act preciselie prohibits the King to dissolve, prorogue, or adjourn the Parliament, or either House therof; or the Lords to prorogue or adjourn, much less dissolve the Commons House, or the Commons to prorogue or adjourn, much lesse dissolve the Lords House, declaring and enacting, That at any time or times during the continuance of this Parliament, the Lords House shall not be adjourned (nor yet the Commons House) but onlie by their own respective Orders, and by themselves alone, declaring, enacting everie thing and things whatsoever done, or to be done to the contrarie, to be utterly void and of none effect, 4ly. Because this Act both in the Title, prologue and body, prevents onlie the untimely proroguing, adjourning, and dissolving of this present Parliament at any time or times during the continuance of it, but by Act of Parliament or themselves, stiling it 8. several times, this present Parliament, and giving it no other Title, yea it preciselie describes it to be, a Parliament onlie of King, Lords, and Commons, as it was when this Act was made, and so to continue till its dissolution. But the Parliament now sitting, was not this present Parliament, being not then known, heard of, nor imagined ever to start up in After-ages, by any who made or consented to p. 38this Law, it being created onlie by the Armie 7 years after this Act, and now revived full 18 years after it, without anie King or House of Lords, 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.