Narrative of what was Spoken by Mr Prynne 2, Text (1 of 3)

Narrative of what was Spoken by Mr Prynne 2 · 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 arduous 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, and entruſted them as their Repreſentatives, without any other 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 ſeeme in their 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 to 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 manner, where they ſeiſed, ſecured Mr. Prynne, with above forty, and ſecluded, forced away above 2 hundred 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 Caroli 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 Houſe of Commons, & there ſate as an Houſe by vertue of the Statute 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; in a friendly manner, ſhould 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 adjourned, unleſs it be by their own Order. And that all and every thing or things whatſoever done or to be done, for the adjournment proroguing or diſſolving of this preſent Parliament; ſhall be utterly 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 or unite p. 4the abſent unſummoned Members, than unite them, making the 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 Mr. 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 Lobby door of the Commons Houſe, accompanied with Sir George Booth, Mr. Arthur Anneſley, Sir John 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 paſ; Mr. P. knocked twice or thrice, but could get no admittance, till the door 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. John and Mr. James 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 ſtill 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 Houſ 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 that poſture, and occaſioned thoſe viciſſitudes of dangers, and cauſed God in his Providence to make all Eſſaies to ſettle us, utterly ineffectual; to convince them of, and 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 thoſe then ſitting: Therfore they could not make their unrighteous Imprìſonment 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 breach of Privilege in this their forcible ſecluſion: And ſo departing Mr. Knightly meeting Major General Lambert in the Lobby, complained 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 cauſe ſome 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 now 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 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 Monday 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 Door, 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 ſitting 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 Lobby & 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 re-entring 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 Haſlerigge 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 voted 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 hee doubted not to make it appear, themſelves were greater Infringers 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 ſaffered 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 Parliament, 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 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 Martii 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 World 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 aaThe true State of the caſe of the Common-wealth in reference to the Government by a Protector and Parliament: maintaining therein a full conformity to the declared principles and engagements of the parliament and Army. It being the opinion of divers perſons who through out 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 wholy perverting 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 ſome among them, to have perpetuated the Power in their own hands, it being utterly impoſsible in that corrupt eſtate, 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 farre greater reaſon to call in him and 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. 1648.voted 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 deſired 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. Prynne preſſed them to tell him their names, which he deſired to know; They anſwered they would not tell him: He then told them, That certainly their Good Old Cauſe was in their own Judgements and 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 he 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 had 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 Jerſy 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, rational, 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, Law, 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 God 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 unvoluntarily 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 preſerments, 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 Goad Old Cauſe, now ſo much cryed up and revived, how ſtrenuouſly he oppugned, how truly he predicted the dangerous conſequences 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 bell 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 Jeſuit …oe at firſt, and our forein Enemies Vaſſallage in concluſion. Mr. Pry…e 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 Jus 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. Watſōs 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 Hiſp…nica, 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 ſomenter 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 cau…ing 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, irreconcila…ly 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 ſitting 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, Jeſuitical, 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 quodlibers, and the Caſe of the Common wealth of England rightly ſtated.John 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,iiSee his legal plea againſt illegal Taxes, his legal Vindication, p. 3, 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 or 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 Inſtructions, 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 Juncto, from his Piſon-Chamber at the Kings Head (which they ſoon after took of) Jan. 1. 1648.

2ly. He intended to propoſe, That all armed Gards of Souldiers p. 22in or near the Cities of London or Weſtminſter, might by publick Proclamation be removed to a convenient distance thence, according to the ll7 E. 1. Raſtall 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, …, 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 interval as a Houſe of Commons, till they were all aſſembled, after their ten years ſecluſion, diſſipation by the Armies force and war upon them. This ſuddain, unexpected Clandeſtine, ſtealing into the Commons Houſe, of about 41, or 42. Members alone, without any general notice given thereof to all the other ſurviving abſent Members, or places which elected them; ſitting preſently as an Houſe of Parliament, accompanied with a preſent forcible ſecluſion of all but their own Confederates, being a moſt unparliamentary practice, conſpiracy, ſurpriſe, unworthy Saints, or perſons of Honour, deſtructive to the very being, Privileges of Parliament, injurious to the whole Nation, as well as abſent and ſecluded Members; yea contrary to their own Republican Votes, Principles; nnSee their Votes, Jan. 6. Declaration, 11 Martii 1648. The Agreement of the People and Armies Remonſtrance and Petition Nov. 16. 1648. & Ian. 20. 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 Juſtice, 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 thisqq1 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 permitious example: And that they might ſeem to have ſome kind of colour & Authority for this kind of their proceedings; the King cauſed the Rolls of the Parliament according to his Vote, to be changed and deleted, contrary to the effect of the foreſaid Conceſſion: which is likewiſe mentioned in the printed Act of 1 H. 4. c. 3 and thus amplyfied; That a certain power was committed by authority of Parliament to certain perſons, to proceed upon certain Articles compriſed in the Rolls of the Parliament thereof made, and by authority aforeſaid divers Statutes, Judgements, Ordinances, and Stabliſhments were made, ordained, and given erroneouſly and dolefully, in great diſheriſon and final deſtruction, and undoing of many honourable Lords and Liege-people of the Realm and their Heirs forever: wherupon that whole Pariament of 21 R. 2. with all the circumſtances and dependents thereupon, were wholy reverſed, revoked, voyded, undone, repealed, and annulled for ever. If this then were ſo high a crime and breach of royal Truſt in King R. 2. even by conſent and authority of the whole Parliament and three Eſtates. ſubtilly to procure the power of the whole Parliment to remain in the hands of certain Perſons which themſelves approved of; who exceeded their Commiſſion and acted generally as a Parliment: And if this was a grand derogation of the ſtate of the Parliament, a great damage to the whole Realm, and permitious example for poſterity; for which in the very next Parliament they impeached, depoſed him, and nulled all theſe proceedings for ever. Then queſtionleſs their former ſitting, acting in the Commons Houſe from December 7 1648. till Apr. 20. 1653. and now again, without, yea againſt the conſents, Votes of the Parliament, 3 Eſtates, & ſecluded Members, their repealing, altering, the very Acts Ordinances of the Lords and Commons concerning the Treaty with the King, and ſundry others; their nulling the Act for Trienial Parliments, the continuance ſitting of the Lords in this Parlament, their …eclaring themſelves alone to be the Parliament of England, beheading the King himſelf, p. 24their 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 Fe…low-Members, then, and now again by the Armies power, and ſitting under their fo…ce (which by their own Declaration of August 6, and the Armies in purſuit the…eof August 8. the Speakers Letter, July 29. 1648. yea Sir Arthur Haſterigges 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 expleded, 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 act…ng, ſitting, rrCanterburies 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 f…equently 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 Junii, 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. 270, 271.24 Jacobi, 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, Be Tit. Parliament. A Brief Regiſter, Survey of Parliamentary writs p. 422, 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 1 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 Proces 16. and Reattachment 7. determine. The writs of ſummons, and likewiſe of Parliament muſt needs abate likewiſe: And the Lords being made Judges,ttCooks 7 Report, Calvins caſe, f. 10. 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 authority 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 aviſamento 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, (& Jura coronae noſtrae, &c. in many antient writs) contingentibus: 5ly. That his intention in calling it, is Quia cum Pralatis, 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, Nobiſcum 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 ſuper 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 ordinari 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 facts 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 VsUs, 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 VsUs, not our heirs or ſucceſſors, to give VsUs 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 VsUs concerning the foreſaid buſineſſes relating to VsUs 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 Judges, Juſtices, Commiſsioners, Auditors, or Committees of Parliament, if any one of them die; both the ſurvivors joyntly or ſeverally can doe nothing, becauſe their authority, trust was joynt, not ſeveral, and joyntly, nor ſeperately to be exerciſed. If there be not 40 Commoners in the Houſe, they cannot ſit or act as an Houſe, nor diſpatch the leaſt affair; no more can any Committee of either Houſe, unleſs their Number be ſufficient to make up a Committee, as the orders and cuſtom of Parliament appoint: Therfore, the Parliament of England being a **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 Officers, and other Members from it, a high way to its preſent diſſolution, in his life. Therefore it muſt much more be diſſolved by his death; and the Lords and Commons forcible ſecluſion both before and ſince it by the Army and ſitting Members; they having 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, Judges, ddCooks 4: Inſtit. p. 25. 51 E. 3. rot. Parl. n. 47. 6 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 Jacobi ch. 1. Cooks 7 Rep. f. 10, 11. Calvins caſe, and other Books reſolve.

To which Mr. Prynne Anſwers 1. That this argument is but an Axe to chop off their own heads, and ſupremacy, as they did the Kings; and the Objectors now ſitting muſt either renounce their ſitting, acting, Knacks, p. 28Declarations againſt the late King, Kingſhip, and the Houſe of Lords, or quite diſclaim the Objection: For if the King never dies: Then by their own confeſſion and our Lawes, we are ſtill a Kingdom, not a Republike; yea Charles Steward, as heir to his beheaded Father, was and is ſtill de Jure & de facto the lawfull King of England, and ſupreme Lord and Governour of our Church, Kingdom, there being no Interregnum, ever ſince his Fathers death; and then what becomes of all their abſurd, illegal Knacks againſt his Regality, and Kingſhip it ſelf, (of which they are forced now to pray in ayd to make themſelvs a Parliament) of their Mock-Parliament, without King and Houſe of Lords; of their perfidious treacherous Engagements againſt both, and Supreme Authority of the Nation which they have tyrannically uſurped? 2ly. Though the King in genere, or rather Kingſhip it ſelf, never dies, yet the xxCooks … 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 John Bradſhawes yySee the Hiſtory of 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 zzHab. 1.12.Hab 1:12bloudy foundation, and their exploded Kingſhip.

The 2d. Objection is from the words of the Statute of 17 Caroli, Objection 2.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.

Whereunto Mr. Prynne anſwers:Anſw. 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, Jealouſies, Apprehenſions, of divers of his Majeſties Subjects, that this preſent Parliament may be adjourned, prorogued, or diſſolved, (1.) before Juſtice 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 Nothern parts (not their ſubſequent Armies) and the ſupply of his Maieſties preſent and urgent occaſions, (not their own) and the Fears, Jealouſies, and App…ehenſions 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 ſitting 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, p…orogued, diſſolved, 1. Before Juſtice ſhall be duly executed upon Delinquents, (then in being and complained of, as Strafford, Canterb…ry, the Ship-mony Judges and others, not new Delinquents ſince, not then dreamed of. (2ly.) Before publick Grievances redreſſed (hoſe 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 af…er 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 & I…eland, 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 preventing vexatious proceedings touching the order of Knightſhip, for the abbreviation of Michae…mas 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 f…eely 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 ſince 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, Fit… herbert, 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: ſince ceſſante cauſa, ooSerj. Finch his Maximes of the Law, Cook and others.ceſſat effectus, & ceſſante primativo, ceſsat derivativum, as all our Lawyers, Law-books, and natural reaſon reſolve. 6ly. The laſt Clauſe of this Act, That 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 ex…lain 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.Jun. 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 June 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. 34frequency of Parliaments than he hath done. And who now conſiders how viſible it muſt be to his Majeſty, that it is impoſſible for him to ſubſiſt, without the affections of his people, and that theſe affections cannot poſſibly be preſerved or made uſe of, but by Parliaments, cannot give the leaſt credit, or have the leaſt ſuſpition, that his Majeſty would chooſe any other way to the happineſs he deſires to himſelf and his poſterity, but 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 fitting 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 Haſlerigge, Sir Henry Vane, Sir James Harrington, Mr. Whitlock, Mr. Prydeaux, Mr. Liſle, Col. Ludlow, Mich. Oldſworth, John Jones, 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. Sydenbam, 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 ſitting 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. 37owning, but 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. 131, 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 Lords 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.