PRYNNE The MEMBER reconciled to PRYNNE The BARRISTER. OR An Answer to a Scandalous Pamphlet, Entitled, PRYNNE against PRYNNE. Wherein is a clear demonstration, That William Prynne, Utter Barrister of Lincoln's Inn, in his Sovereign Power of Parliaments and Kingdoms, is of the same Judgement with, and no ways contradictory to William Prynne Esquire, A Member of the House of Commons in his MEMENTO. Wherein the unlawfulness of the Proceed against the King, and altering the present Government is manifested out of his former writings and all cavils and calumnies of this scandalous Pamphleteer fully Answered. By William Prynne Esquire, Barrister at Law, and a Member of the House of Commons. Tit. 1. 12. 13. One of themselves, even a Prophet of their own, said; The Cretians ARE ALWAYS LIARS, evil beasts, slow Bellies: This witness is true: wherefore rebuke them sharply, that they may be sound in the faith. LONDON Printed Anno Dom. 1649. To the Reader. Courteous Reader, MEeting this morning with a printed Pamphlet entitled Prynne against Prynne; Or the answer of William Prynne, Utter-barrister of Lincoln's Inn; to a pamphlet, lately published by william Prynne Esq; a Member of the House of Commons, entitled, a brief Memento to the present unparliamentary I unto; touching their present intentions and proceed to Depose and Execute CHALES STEWARD, their lawful Sovereign: with an Imprimatur of Theodore jenning's, Jan. 25. 1648. prefixed to it: written (as I am credibly informed) by a Colonel, a Member of the Commons House, and one of his Majesty's present Judges, to represent and render me an Apostate, and turncoat to the world (like himself) and to gain some colour for this unjust and illegal proceed, (if possible) from my writings, who ever from my Soul abominated and declared against them as Jesuitical and Treasonable in all my writings; I held it my duty to return this short and speedy Answer thereunto; both to vindicate my wounded reputation, against all imputations of inconstancy, and mutability in my principles, or actions, which have been always loyal, uniform, aiming only at the Common-good, not vertiginous, mutable; perfidious, and selfish, as his and his Confederates appear to all men. It is Gods own glory to be, a Mal. 3. 6. unchangeable, b jam, 1. 17. unvariable, and without shadow of turning: c Heb. 13. 8. yesterday, to day, and the same for ever. d Camden's, Elizabeth, Speed, & Hollinshed. SEMPER EADEM, was Queen Elizabeth's Motto: and Semper idem, shall be (through God's assisstance) mine: who as I am commanded by God himself, to be e 1 Cor 15. 58. always steadfast, unmoveable, and f Prov. 24▪ 21. not to meddle (or confederate) with those who are given to change; So, I trust, to manifest myself in this ensuing Tract, (in despite of calumny) to be still the same I was heretofore, both to the Kings and Kingdoms true and real interest, which now lie both at Stake, likely to be speedily and irrecoverably lost by some false rooking Gamesters, who play badly for themselves. Which is the fear and apprehension of their and his poor Country's friend, and wellwisher, (for which he is once more like to become a Martyr.) January 29 ●648. William Prynne PRYNNE the Member, reconciled to PRYNNE the BARRISTER. HAd the Compiler of the late absurd Pamphlet, entitled Prynne against Prynne, as many guts in his Brains as he hath in his Belly or as much Honesty & Sincerity in his Head & Heart, as he hath disloyalty & insincerity in both, he could ●ot have been so irrational or dishonest, as to have published such a piece of Folly and Nonsense as this, instead of answering the Memento; which (though a Right worshipful Colonel and a Member too) yet he dares not encounter; his brains being all sunk into his guts; & his Pen as blunt as his sword, that never yet slew nor wounded one Cavalier, though he hath gained and received some thousand of pounds for his Grand Services in these late Wars. When this Great Champion dare openly appear in the field against any thing I have written, with his name thereto affixed, (of which it seems he is ashamed) I dare assure him, William Prynne, the Barrister, or William Prynne the Member; will hand to hand encounter. W. P. the Colonel, or W. P. the Burgess of W. though a Giant in bulk, but a Pigmy in most things else. But to come briefly to the matter. It is very true, which he relates, pag. 1. That William Prynne Esquire a Member of the House of Commons, did in his Brief Memento endeavour to dissuade the rest of the Members sitting in Parliament from acting or proceeding against the King. And had they been so provident, wise and loyal, as to have given an ear to his seasonable & timely advice, they had never plunged themselves & the Kingdom into such difficulties and confusions as now they have done by their unjust and illegal trial and condemnation of the King, to have His head severed from his shoulders, by a New erected high Court of justice; without authority, law, justice, or any legal or judicial proceed: for which they found no warrant nor precedent in William Prynne the Barrister his Sovereign Power of Parliaments & Kingdoms; but many arguments against and dehortations from it. First, The very Title of his Book (had the purblind Pamphleter perused it) might have deterred him and his fellow-members from such a ●esuiticall and popish proceeding, to the eternal infamy and scandal of our Religion: it is this. The treachery and disloyalty of Papists to their Sovereigns in Doctrine and Practice, together with the first part of the Sovereign power of Parliaments and Kingdoms. Wherein the Traitorous antimonarchical Doctrines, practices and attempts of Papists upon the Persons, Crowns Prerogatives of their Sovereigns: with the dangerous designs, affests and consequences, of their present illegal arming, and access to the King's person, by means of evil Councillors, are briefly discovered. The jurisdiction, Power, privileges claimed, exercised by our popish Parliaments, Prelates, Lords and Commons, in former ages, exactly paralleled with those now claimed by the Lords and Com●mons in this present Parliament: which are manifested to be far more loyal, dutiful, moderate; more consistant with, less invasive 〈◊〉, and destructive to the pretended Sovereign power and Prerogative of the King, than those in former ages. And the High Court of Parliament proved by pregnant Reasons and Authorities; to be the mos● sovereign power of all other in this Kingdom, etc. By William Prynne, Utter-Barrester of Lincoln's Inn, with this Licence of the Commons House affixed to it. It is this second day of May 1643. Ordered by the Committee of the House of Commons in Parliament for printing: that this Book entitled the Treachery and disloyal●y of papists to their Sovereign's etc. be printed, by Michael Spark Seino●, john White: Whence the Argument stands thus. Master Prynne the Barrister, though he maintained the High Court of Parliament to be the most Sovereign Power of all others in this Kingdom; in his Sovereign Power of Parliaments: yet he and the Committee of the Commons House which authotized it, doth in the very Title of that Book, in express terms condemn the Papists and popish Parliaments, of Treachery and Disloyalty to their Sovereigns, both in Doctrine and practice, and of Traitorous Antimonarchiall practices and attempts upon the Persons, Crowns▪ and Prerogatives of their Kings, in deposing and murdering them. And manifests the jurisdiction, Power and privileges claimed b● the Lords and Commons (not the Commons alone without the Lords, or the tenth part of the Commons under the Army's force, whiles the rest are imprisoned and secluded by them) to be fare more loyal, dutiful and moderate then those claimed and exercised by our popi●● Parliaments, Prelates, Lords and Commons: Ergo, he refu●es William, Prynne a Member of the House of Commons: in his brief Memento to the present unparliamentary junto, wherein he dissuades them from their present dislo●all proceed to depose and execute Charles Stewad their lawful King; as being a jesuitical and popish practice, contrary to the practice and principles of all protestant Parliaments; and the manifold Petitions, Remonstrances, Declarations, Protestations, Solemn Leagues, Covenants and Engagement of this present Parliament. Whether Prynne be against Prynne in this, and whether Prynne the Barrister & Member, be not both unanimous against their proceed herein, let the world, & this ignorant mistaken Pamphleter now judge. Secondly, Mr. Prynne the Barrister, in the four first Pages of the first Part of his Sovereign Power of Parliaments, in as positive and earnest manner as can be, condemns and censures the jesuits and Papists doctrines and practices, in deposing and murdering Kings and Princes, as treasonable, damnable, wicked and heretical: and particularly, chargeth them for attempting to destroy and murder Hi● Majesty and 〈◊〉 posterity, as well as Queen Elizabeth, and King james, alleging many protestant Writers of our own Church, as Doctor john Whi●●● Bishop jewel, Bishop Bilson, and others, condemning them for this their doctrine and practice, which can stand neither with peace nor piety. Ergo, Mr. Prynne the Member, who doth the very same in his Memento; are both accorded, and not against one another, but both against this Pamphleteers, and his Confederares, jesuitical, popish Assertions, and practise. Add hereunto, that Mr. Prynne the Barrestet, not only in his Truth triumphing over falsehood, antiquity over novelty, printed by Order of the Commons House 1644. and in his sword of Christian Magistracy supported Anno 1646. hath asserted the Power and Prerogative of Christian Princes and Kings, as much as any man in Ecclesiastical matters; but in his third part of the Sovereign power of Parliaments and Kingdoms, p. 62▪ 63 determines thus. Thirdly, Neither is this any parcel of the Controversy (between the King and Parliament.) Whether Subjects may lay violent hands upon the persons of their Princes; wittingly or willingly, To deprive them, of their Lives, or Liberties: especially In cold blood, when they do not actually, nor personally assault their lives or chastityes, or for any public misdemeanours, without a precedent sentence of imprisonment or death against them given judicially by the whole State or Realm, As in s●me elections and Heathen Kingdom, in 〈◊〉 times. * where they have such authority to arraign or condemn them, for all unanimously disclaim, yea abominate such traitorous practices, and jesuitical positions, as execrable and unchristian. Fourthly, Neither is this the thing in difference, as most mistake it: Whether the Parliament may lawfully raise an Army, to go immediately and directly against the person of the King, to apprehend, or offer violence to Him, much less intentionally to destroy Him, or to resist his own Personal attempts against them, even to the hazard of his life. For * S●● 〈…〉 Collection of all Remonstrances. &c▪ the Parliament and their Army too, have in sundry Remonstrances, Declarations, Protestations, and petitions renounced any such intention or design at all▪ for which there is no colour to charge them: when neither the Parliament nor their forces in this their resistance, have the least thought at all to offer any violence to the Kings own person, or to oppose his legal just sovereign authority. The very words and languages of Mr. Prynne the Member in his Memento, who is still consonant to himself in both: And p. 92. to 98. he adds, 〈◊〉 proves, * Cook. 7. Report. 〈◊〉 case of f. 11▪ P●il●●. A●ch. de 〈◊〉 Vinda●i. c. 17●. That hereditary Kings are Kings before their 〈…〉 coronation, which is but a ceremony: That it is false and 〈◊〉 to affirm, that Hereditary Kings before their Coronations, ti●● they are anointed, are not sacred, nor exempt from violence. That Saules person was sacred, exempt from his Subject's violence, not because he was anointed, as if that only did privilege him: but because he was a King apppointed by the Lord himself▪ That these texts and speeches of David, 1 Sam. 24. 6. 10. c. 26 v. 21. 23. 2 Sam. 1. 12. 16. The Lord forbidden that I should do this thing unto my Master the Lords anointed, to stretch forth my hand against him, seeing he is the Lords anointed. I will not put forth my hand against my Lord, for he is the Lords anointed; And David said to Abishai, (when he would have slain Saul) Destroy him not, for who can stretch forth his hand against the Lords anointed, and be guiltless? The Lord forbidden, that I should stretch forth my hand against the Lords anointed. For wast thou not afraid to stretch forth thy hand against the Lords anointed? Thy blood shall be upon thy head, for thy mouth hath testified, that thou hast slain the Lords anointed, etc. Prove, That Subjects ought not wilfully or purposely to murder or offer violence to the Person of their Kings, especially in cold blood, when they do not actually assault them. That David and his men might not with safe conscience, stretch forth their hands, nor rise up against their Sovereign King Saul, to assault or kill him thus in cold blood, without any assault or present provocaetion: which had been treachery and unpiety in a Son in Law, a servant, a subject, a successor, who slew the Amalekite, that came and brought him tidings of saul's death, (together with his Crown and bracelet) instead of giving him a reward, (a● he likewise * 〈…〉 put Baanah and Richab to death as Traitors, who having murdered King Ishbosheth, though his enemy, and corrival instead of rewarding them, and hanged up their hands and feet) because he reported himself had slain him, to gain a reward from David: which concludes that it was not lawful for any of saul's own men to slay him, (no not in an exigent) by his own command. And he concludes. That the evasion of Doctor Ferne: That David's demeanour etc. was extraordinary, derogating exceedingly from the personal safety of Princes; yea, and exposing them to such perils, as they have cause to con the Doctor small thanks for such a bad invention, I shall reject it▪ as the extraordinary fancy of the Doctor and other Loyalists (or Jesuists) void both of truth and loyalty▪ Now what Mr. Prynne the Member could have written more in point of law and conscience positively and directly against the unlawfulness and disloyalty of the Junctoes', and their High Courts arraigning and putting the King to death, and that in cold blood (contrary to their faith, Oaths, Engagements, even after the Treaty, and above two years after his first imprisonment) than what he hath thus written and printed as a Barrister, (by the House of Commons own Order and approbation, dated May the 8. 1643. prefixed to the third part,) or whether these passages do not most fully and punctually concur with what he hath published and asserted in his MEMENTO, to the eternal reproach and shame of this malitions Impostor and perverter of his words and opinion, let all sober and unb●assed men resolve. And if these passages be not sufficient, his Histriomastix printed Anno 1633. p. 516, to 520. 825. 826. 943. with his answer to the Bill concerning it, in the Star-Chamber, wherein he did upon his oath, condemn and abhor from his heart, the popish Doctrine and practice, of murdering and deposing Kings, as contrary to the Oaths of Supremacy and Allegiance, which he had taken as a Barrister. His Epistle before his Quench-coal Published. Anno 1638. wherein he interminis condemns this Popish and Jesuitical doctrine and practice, as faction, rebellion and treason. His pleasant Purge for a Roman Catholic, p. 104. to 112. printed 1642. where (as an Utter-barrister) he particularly refutes and censures the Popes and Jesuits doctrine and practice of killing or deposing Kings, and absolving Subjects from their Oaths and Allegiance, answering all their arguments and texts to prove it. And the Antipathy of the English Lordly Prelacy, both to Regal verity and Civil unity: or, an historical Collection of the several execrable Treasons. Conspiracies, Rebellions, seditions, State schisms, Contumacies, Oppressions, and antimonarchical practices, of our English, British, French, Scottish and Irish Lordly Prelates against our Kings, Kingdoms &c. published by him as an Utter-Barrester, and dedicated to the Parliament, Anno 1641. will abundantly absolve him from this scandalous scribblers misrepresentation of his loyalty, and false surmises contrariety of his writings, as a Barrister and Member, which have been always loyal and harmonious against killing or deposing of Kings, aiming at nothing but the Honour, peace and happi●esse both of the King, Kingdom, Parliament, Church, without any private or sinister ends whatsoever, as all impartial PERUSERS of them cannot but acknowledge. Thirdly, Mr. Prynne the Barrister, in the same first Part, page 7 asserts and proves. That popish Parliaments, Peers and Prelates, have heretofore challenged and exercised a greater jurisdiction over their Kings, than this Parliament, or any other since the embracing of the Protestant Religion ever claimed, and do in a great measure disclaim. For proof whereof he shown, That they had challenged a just and legal Power, (as they deemed it) to depose their Kings: produceth precedents to prove it, and among others the precedents of King Edward the 2d. and Richard the 2d. who were first enforced to resign their Crowns, and after that, (not arraigned and condemned to lose their heads, in a High Court of justice, as now) had a sentence of deposition drawn up against them, but were to be honourably treated and maintained all their lives, page 7. 8. 78. to 80. and p. 9 he writes. That our popish Parliaments, Peers and Prelates have oft translated the Crown from the right Heirs, and settled it on others who had no right nor title to it, producing examples to prove it: In the close whereof he writes thus. Such a transcendent power and jurisdiction as this, to disinherit the right Heir, and to transfer the Crown to whom they thought meetest, Neither this present, nor any other protestant Parliaments, Peers or Subjects ever exercised, though popish Parliaments, Lords & Commons have thus frequently done it. And p. 86. he adds. True it is, Our protestant Parliaments never challenged nor exercised such Jurisdiction and, I presume they will not do it. And good reason had he thus to write, because the * E●●act Collection. p. 657▪ 658. Lords and Commons in Parliament, in their Answer to his Majesty's Declaration, after his late victory against the Rebels on Sunday the 23. of October 1642. had but a few months before made this Protestation to all the world concerning the allegations, That the Army raised by the Parliament, is to murder and depose the King. We hoped the contrivers of that Declaration, or any that professed the name of a Christian could not have so little charity, as to raise such a scandal: especially, when they must needs know the Protestation taken by every Member of both Houses, whereby they promise in the presence of Almighty God to defend his Majesty's Person. The promise and protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General, and to live and die with him, wherein is expressed: That this Army was raised for Defence of the King's person, our often earnest and humble addresses to his Majesty to leave that desperate and dangerous Army, wherewith he is now encompassed, raised and upheld to the hazard if his own, and the Kingdom's ruin. And to come in person to his Parliament, where he should be sure to remain in honour and safety. And our humble Petition directed to be presented to him by the hands of the Earl of Essex, before any blow given, to remove his Royal Person from that Army, a request inconsistent with any purpose to offer the least violence to his person, which hath and ever shall be dear unto us. And concerning the Imputation laid to our charge, of our raising this Army to alter the frame of Government, and establish the Laws of the Land, we shall need to give it no further answer then this. That if to raise an Army in our just defence, when another is marching towards us, to destroy us and our laws, be to alter the frame of Government, then is that ARMY raised for that purpose, otherwise it is for our own, and the laws necessary preservation. And not long after, the * Ex●ct Collect on p. 695. ●●6▪ Lords and Commons in their Remonstrance Novemb. 2. 1642. in answer to his Majesty's Declaration the 26 of May 1642. concerning the Commission of Array, hath these notable Passages; But most injuriously, most maliciously it is affirmed by the contrivers of this Answer, That we told the King that we might without want of modesty and duty depose him. Did we so much as once name that word, the signification whereof we professed, that we did not suffer it so much as to enter into our thoughts? Did we say, that with duty and modosty we might depose the King, because we said, we never suffered it to enter into our thoughts? Or do not they rather say it, that will needs make Precedents to be rules and patterns? Sure when we said, That some Precedents were such, as that they ought not to be rules for us to follow, we might by any ingenious Reader, with much more probability been thought to have intended those of deposing Kings, then to have said that with duty and modesty Kings might be disposed, because we affirmed that we had not suffered such things to enter into our thoughts. And although they would persuade his Majesty that there is little confidence to be placed in our Modesty and duty, yet as God is witness of our thoughts, so shall our actions witness to all the world, that to the honour of our Religion, and of those that are most zealous in it, (so much strucken at by the Contrivers of that Declaration under odious names) we shall suffer more from and for our Sovereign, than we hope God will ever permit the malice of wicked Councillors to put us to, and though the happiness of this and all Kingdoms dependeth chiefly upon God, yet we acknowledge that it doth so mainly depend upon his Maj. and the Royal Branches of that Root, That as we have heretofore▪ so we shall hereafter esteem no hazard too great, no● reproach too vile, but that we shall willingly go through the one, and undergo the other. That we and the whole Kingdom may enjoy that happiness, which we cannot in an orderly way of providence expect from any other fountain or Streams, than those from whence (were the ●oyson of evil counsels once removed from about them) we doubt not, but we and the whole Kingdom should be satisfied most abundantly. Therefore Mr. Prynne the Barrister as well as M. Prynne the Member, and both Houses of Parliament too, are point blank against the present arraigning, deposing and executing of the King, condemning it as a Popish and jesuitical Practice, never owned, but disclaimed by every Protestant Parliament, and by this Parliament in two express Declarations, two solemn Protestations, and in the solemn League and Covenant since; all which this Pamphleter took, and assented to, as readily as any other Members; and therefore cannot excuse himself from most detestable prevarication and perjury, in violating these his solemn Protestations. League and Covenant, with his Oaths of Supreamacy and Allegiance to boot, which he hath oft times taken, the guilt and infamy whereof must rest upon his conscience, and eternally cry for vengeance against him, unless he expiate it by timely and deep repentance. Fourthly, Mr. Prynne the Barrister in his Epistle to the Reader before his fourth Part, thus expresseth himself. For my own pa●e as I have always been, and ever shall be an Honour, a Defender of Kings and Monarchy, (the best of Government. whiles it keeps within the bounds which law and conscience have prescribed) so I shall never so far degenerate below the duty of a man, a Lawyer, a Scholar, a Christian, as to misinform or flatter either, nor yet (out of any popular vainglory) court either Parliaments or people to the prejudice of KING'S JUST ROYALTIES, but carry such an equal hand between them, as shall do right to both, Injury to neither, to preserve, and support their just and legal Soveraigntyes, jurisdictions, Rights, within their proper limits without tyrannical invasions, or seditions encroachments one upon another, This is Mr: Prynne the Barresters' sense. And in the third Part of his Sovereign Power of Parliaments and Kingdoms: page 147. he concludes thus. Let God's curse and men's for ever rest upon all those, who are in love with any war, especially a civil, within their own dearest Countries bowels; Or Dure abuse my loyull sincere Lucubrations, to any disloyal sinister designs to the prejudice of their Sovereigns, or the States wherein they live; which he never published, to countenance or encourage any tumultuous, REBELLIOUS factions, ambitions, Traitorous Spirits, to mutiny or Rebel against their Sovereigns: but only out of a cordial desire to effect such a speedy, honourable, safe, religious, sempeternall Peace between King and Parliament, as all true Christian English hearts, both cordially pray, long for, & endeavour. Ergo Mr. Prynne the Member, and Barrister, is still one and the same man, an assertor of Monarchy and Loyalty, and no ways contradictory to himself in any of his writings; and God's curse and man's must rest upon this unpurified Pamphleter, for his malicious perverting of his words, against their scope and purpose, to justify the deposing and murdering of the King; and altering of our Monarchy. 5ly. Mr. Prynne the Barrister, neither in his 4. Part of the Sovereign Power of Parliaments, nor in his Appendix to them, hath produced any one Precedent (no not of any one Popish Parliament or Kingdom) that ever judicially condemned or executed their lawful King, were he never so Tyrannical, impious or flagitious; much less any Protestant Parliament or Realm, who condemn and abhor both the Doctrine and Practice of murdering or destroying their Kings, as Jesuitical, Papal, impious, Heretical and damnable; abjured by the very Oath of Allegiance; as he proves expressly. Part. 1. p. 1. 2. 3. 4. Therefore Mr. Prynne the Member, in his Memento, is of the self same Judgement, as he was in his Sovereign power of Parliaments: in both which this Pamphleter (a Member of the high Court of justice, who condemned the King to death) may read his Neck-Verse, and fatal destiny if he repent not. All other Passages truly quoted out of Mr. Prynne the Barrister, to prove the Sovereign Power of Parliaments and Kingdoms, (not of a Piece of a Parliament, or Kingdom, much less of a ninth part of a Commons House sitting under a force, who are neither a Parliament nor Kingdom) Mr. Prynne the Member still avers, in this and his own genuine sense, as they are printed in his Books, not as they are mangled, and misapplied by this idle Scribbler, to those few Commons now sitting, p. 5. 6. &c, 2dly Whereas he allegeth p. 7. 8. 9 10. That William Prynne the Member his first Argument against the junto is: That their proceed against the King is an Offence within the Statute of 25. E. 3. concerning Treason. I William Prynne the Barrister do remember, that in the beginning of this late War the Cavaliers used the same Argument against the Parliaments raising Arms, and I then made this Answer to it, p. 107. of my said first Part: That The Parliament and Whole Kingdom, being the Highest Power, cannot by any public Acts or Votes of theirs consented to in Parliament become Traitors or guilty of High Treason against the King, either by the Common Law, or the Statute of 25. E. 3. c. 2. of Treasons; which extends, not to the whole Kingdom, or Court of Parliament representing it (of which no Treason was ever yet presumed) etc. William Prynne the Barrister and Member is still of the same opinion, and not repugnant to himself; who speaks there, of a WHOLE KINGDOM, AND COURT OF PARLIAMENT (as this * Page. 5 6 8 9 Pamphletter relates his words, and the Titles of all his 4. Parts manifest) consisting of Lords and Commons, and that in a condition of freedom and safety, sitting in a full and free Parliament: But he never meant nor intended it, of the House of Commons alone, acting and voting without and against the House of Lords; nor of a House of Commons sitting & acting under a horrid Arme● force, as now much less of a remnant of a Commons-House sitting and Voting when near nine parts or ten of their fellow-members are by a mutinous Army imprisoned, secluded and driven away from the House: or of 40. or 50 Commons sitting under a force and usurping to themselves without and against the consent of their secluded Fellow Members, the supreme Authority of the Kingdom, making Acts of Parliament, and erecting a New High Court of Justice without the Lords or their Fellow Nembers consents, to indite, arraign, condemn and execute the King as a Traitor, and without the whole Kingdoms, or Scotland's and Ireland's joint consents, of which he is likewise King. Such a Parliament, as this consisting of some 50. or 60 Commons only without King, Lords, or the rest of their Fellow Commoners, he never heard nor read of in any age, and so could never intent it: and therefore in his Memento, might very well mind them of committing Treason, within this Law; whatever they Vote, order, or ordain, or Enact in such a thin House under a force, whiles the other Members are secluded, being by Mr. Speakers own Declaration of July 30. 1647. and the Ordinance of both Houses August 20. 1647. declared to be merely null and void to all intents even at the time of its Voting Ordering, Ordaining enacting, & ever after: and so no prea at all 〈◊〉 justify such Members in the case they be indicted, a●d arraigned of High Treason for it. 3 Whereas this Pamphletter, p. 11 suggesteth. That Wil● Prynne the Member in the rehearsal of the Statute of 25. E. 3. hath foully miscarried and falsified the words of it (in his Memento) For where as the Statute mentions nothing at all touching deposing the King; he urgeth the Statute thus. That it is no less than High Treason for any man by overt act to compass or imagine the deposition or death of the King: Adding the word deposition; which is not where found in the whole Statute. To this Mr. Prynne the Member answers. 1. That this Ignoramus, hath foully misrecited and falsifyed his words, by omitting part of them: which are these. First, I shall mind them, that by the Common Law of the Realm, (which he omits) the Statute of 25. E. 3. and all other Acts concerning Treasons (omitted likewise by this Scribbler) it is no less than High-Treason for any man, by overt Act to compass or imagine the deposition or death of the King: quoting Cook and Stamford in the margin: and 21. R 2. Plac. Cor. num. 4. 6. 7. in the Text. Now though the word deposing, be not in the Statute of 25. E. 3. yet it is in the Lawbooks which he citys, and in the Parliament Roll of 21. R. 2. which this Dulman never read. Therefore this absurd observation and censure of his might well have been spared. Secondly To compass the deposing (or imprisoning) of the King is in express Words declared to be Treason by the Statutes of 26 H. 8. c. 13. 1. E. 6. c. 12. 1. Eliz c. 6. 13. E. c. 1. and is no less than High Treason within the meaning and intention of 25 E 3; c. 2. though not within the Letter, as our * Cook 3. instit. ch. ● p. 5. 6. 12 13. and 7. Rep. 10, 11 Law-books and all the Judges of England have resolved. Therefore Mr. Prynne the Member stands rectus in Curia, against this ignorant false aspersion. 4ly, What Mr. Prynne the Barrister writ concerning the Oath of Supremacy, quoted p. 11 12: he doth still aver as to the first branch of it, (which is distinct from the latter) as applied to the whole Parliament, not to the House of Commons alone, or those few Members now sitting in it, under a force; of which he never intended that passage, to whom it is here misapplyed: Only he must inform; this Gentleman; that the latter clause of this Oath; And do promise that from henceforth, I shall bear true allegiance to the Kings Highne, his heirs and lawful successors; and to my power shall assist and defend all jurisdictions, Privileges, and Preeminences granted or belonging to the King's Highness, his Heirs and Successors on, united and annexed to the Imperial Crown of this Realm: So help me God. etc. Is a distinct clause from the former; which he and his Confederates in their late proceed have quite forgotten: and shall one day answer for such wilful perjury, in this or the world to come, if they repent not of it. 5thly. Whereas he adds p. 13. That the Oath of Allegiance relates only to the Pope's unlawful exercise of Authority and jurisdiction within the Kingdom: And that William Prynne the Member in his rehearsal makes the Oath to run thus. That the Pope neither of himself, nor by any Authority of the Church of Rome, or by any other means, nor any other hath power, etc. and so instead of the words with any other, implying the Authority of the Pope joined with others, he makes it a distinct clause, nor any other, and so upon this forgery including the Parliament within those words, nor any other, he would make this proceeding against the King to be contrary to the Oath of Allegiance. Mr. Prynn● the Member answers; First, that though this Oath doth principally relate to the Pope's unlawful exercise of Authority and Jurisdiction within this Realm; yet it relates not only and solely to it, as he pretends. The whole scope of this Oath is; To secure our Kings from being deposed, or murdered by their Subjects, or any other: The greatest danger the Parliament then feared, as to those two Treasons and Mischiefs, was principally from the Pope and his Popish Instruments, who maintained and averred, the lawfulness of deposing and murdering Christian Princes excommunicated or deprived by the Pope, by their Subjects, or any other. Against which mischief this Oath and Statute principally provides; it being contrary to the Doctrine and Practice of all Protestant Churches and Subjects. But can any man argue. This Oath provides against the deposing and murdering of our Kings by the Pope or Popish Subjects or Parliaments, by any influence or authority from the Pope. Ergo it is lawful for Protestant Subjects and Parliaments to depose and murder their Kings without infringing this Oath? Doth not that Law and Oath which provides against the greatest and most likeliest Assassinates and Deposers of our Kings provide likewise against the lesser and more unusual? and is not a Protestants deposing and murdering of his Prince as treasonable, as unlawful as a Papists, yea and fare worse in this respect, because it hardens and justifies them therein, scandalizeth and crosseth the very practice and principles of the protestant Religion? If so, than both are alike within the intent and meaning of this Law and Oath, though the Pope and his instruments be pincipally intended. 2dly. These clauses in the Oath: That the Pope neither by himself▪ nor with any other hath any power or authority to depose the King etc. That I will bear true Allegiance to his Majesty, his Heirs and Successors, and him and them will defend to the utter most of my power, against all attempts whatsoever, (a universal affirmative from or by the Pope or any others) which shall be made against his or their persons, their Crown, and Dignity, by reason or colour of any such sentence or Declaration, or otherwise: Which last words in the dis-junctive coupled with the former general ones: and compared with the following clause: And that neither the Pope nor any person whatsoever, hath power to absolve me from this Oath, or any part thereof etc. and with the first branch of it. I do truly and sincerely acknowledge, profess, testify, and declare in my Conscience, before God and the world, that our Sovereign Lord King Charles, is lawful and rightful King of this Realm, and of all his Majesty's Dominions and Countries: with this addition, that all Protestant Subjects are enjoined to take this Oath, as well as Papists, and more especially every member of the Commons house of Parl. without taking whereof he is utterly disabled to be a Member, Do infallibly evidence, that this Law and Oaths related not only, though principally, to the Pope's Usurpations in this Realm, but to all other Subject's usurpations to depose or murder the King by any usurped or pretended Authority, or High Court of Justice whatsoever. But that which clears it unanswerably is this; That this very Act provides, That every Gentleman or person of higher degree, or any person or persons, which hath born or shall bear any Office or place of Captain, Leiutenant, or any other place, charge or Office in Camp army, or Company of Soldiers, or Conductors of Soldiers, shall go or pass voluntarily out of this Realm, to serve any foreign Prince, State, or Potentate (be it Protestant or Popish,) before that he shall become bound by obligation with two such sureties as shall be allowed of by the Officers therein limited to take the same Bond, unto our Sovereign Lord the King's Majesty, HIS HEIRS and SUCCESSOR; in the sum of ●wenty pounds of currant English money at the least, with condition to the effect following, shall be a Felon. The Tenor ●f which condition followeth: viz. That if the within bounden shall not at any time thereafter be reconciled to the Pope, or Sea of Rome, nor Shall enter into or consent unto any practice, plot or conspiracy whatsoever against the King's majesty his heirs and Successors: or any of his or their Estate or Estates, Realms or Dominions: but shall within convenient time after knowledge thereof had, reveal and disclose to the King's majesty his heirs and Successors, or some of the Lords of his or their Honourable Privy Council all such practices, plots and conspiracies, that then the said Obligation be void. Which condition being general, extending to any Plot, practice or conspiracy whatsoever, against the King, His Heirs and Successors or any of his or their Estate or estates, Realms or Dominions; without any limitation to the Pope, or other sorraigne Prince, State or Potentate, or to popish Recusants only; and reaching as well to plots, practices and conspiracies by any Subjects whatsoever, as well within the Realm as without; be they protestants, papist, or whatsoever Sect or Religion: fully clears and proves the Oath of Allegiance to extend though principally to the pope and foreign Princes and States, and their Treasons and Conspiracies, yet only unto them; but likewise to the Treasons, Plots, Practices & conspiracies by any subjects whatsoever within the realm, & to the presert disloyal votes, acting & jesuitical proceed of the members now sitting. Thirdly, For the pretended perverting of the words of this oath by Mr. Prynne, viz: Nor any other; for, nor with any other, It is but the Printers oversight & omission, Nor doth it alter the sense in substance, For if the Pope cannot joining with any other, (suppose the Members now sitting in the Commons house or the high Court of justice) lawfully depose nor murder the King, then certainly those Any other, cannot lawfully depose, nor murder him without the Pope; within the true meaning of this Oath, under pain of deepest perjury and Treason to boot: which I desire this Pamphletter now seriously to consider, if he hath any honesty or conscience lest within him. 6thly. What is objected out of Mr. Prynnes Appendix p. 14 is already sufficiently answered and cleared in the first and second section; and there is nothing in it, which can justify the late trial, arraignment and condemnation of the King in the least degree, triable by no law of God or man by such an usurped and illegal jurisdiction, amounting to Tyranny in the superlative Degree. And for the condemnation and beheading of Mary Queen of Scots; it was not by her own Parliament and Subjects in her own Kingdom, for any Treason against them; but for Treason committed in England against Queen Elizabeth, where she was a Subject and no Queen at all; and that by a surprise, as some relate. 7thly. To that objected, p. 15 Touching the name and Title which WILLIAM PRYNNE the Member is pleased to give to the Parliament (he means the 45 Commons; who are no Parliament) now sitting, calling it, A present unparliamentary junto. I William Prynne the Barrister do call to mind, that when the King and divers of the Lords and Commons in the beginning of our late Troubles had deserted the Parliament, I did then in my said first Part of the Sovereign Power of Parliaments p: 43, 44 maintain and prove; That the remaining part was a Parliament, notwithstanding the personal absence of the rest; and that, as long as those absent are Members of the Parliament, they shall still be legally present, whether they will or no. To this Mr. Prynne the Member answers. First, That what he hath written as a Barrister in these two Pages of his First Part, will prove fatal to this Pamphletter and his Junto now sitting, if well considered, and truly recited. For first, he there proves; That there can be no Parliament without the King, who ought to be always personally present, in or near his Parliament: which he hath more fully manifested as a Barrister, in his Plea for the Lords, p. 7. to 13. by many Authorities and Records. The 45. Commons therefore now sitting without the Lords and their Fellow Members concurrence, and against their Votes, having illegally and traitorously condemned the King to lose his Head; and acting as an entire Parliament, without the King, Lords or their Fellow Members, can be no Parliament at all, but a mere unparliamentary Junto, by Mr. Prynne the Barresters' Resolution, to which this Scribbler refers. And so much the rather, because they will quite dissolve this Parliament, by putting the King to death. For the Parliament being but the King's Parliament and great Council, and an Authority not an Interest, originally called and authorised to sit by the Kings Writ alone, which abates and expires by his death; and enables not to consult without, but only with the King of businesses concerning The King and His Kingdom; as these clauses of the Writ import. Carolus etc. cum NOS de advisemento et consensu Consillij NOSTRI pro quibusdam arduis et urgentibus negotijs NOS, Statum & defensionem Regni NOSTRI ANGLIAE concernent: quoddam PARLIAMENTUM NOSTRUM etc. tenere ordinavimus: Et ibidem vobiscum etc. Regni NOSTRI COLLOQVIUM HABERE etc. Quod personaliter intersitis NOBISCUM etc. super DICTIS NEGOTIIS tractaiur. Et ad faciendum et consentiendum his quaenunc et. ibidem, de Communi Consilio dicti Regni NOSTRI contegerit ordinari super NEGOTIIS ANTEDICTIS etc. The King therefore being put to death, the Parliament must of necessity be dissolved by it, since it can be no more his Parliament, his Council, nor confer with HIM about HIS and HIS Kingdom's affairs for which they were called, and elected to treat of as the People's Attorneys or trusties: the King being both the Head, the beginning, end and foundation of the Parliament (which cannot subsist without him, no more than a natural body without an head, or an house without a foundation) as our * Modus 〈◊〉 Parliamentum Cook 4. I●stit. c. p. 1. 2. etc. Cromptons' jurisdiction of Courts. f. 1. 2. So my Ple● for L●●ds p. 7. to 12. Law books resolve: and so was it expressly adjudged and agreed 1. H. 4. rot. Parl. n. 1. 14. H. 4. Cook 4. Instit. p. 46. & 4. E. 44. 44. b. That by the death of the King the Parliament is ipso facto dissolved, as all other Courts held only by his Writ or Commission are. Neither will the Act made this Parliament in the 17. year of this King, To prevent Inconveniences which may happen by the untimely adjourning, Proroguing or Dissolving of this present Parliament, which enacted: That this PRESENT PARLIAMENT now assembled shall not be dissolved, prorogued, or adjourned unless it be by Act of Parliament to be passed for that purpose: continue this Parliament in being after the King's death, for these reasons. First, because the scope & intent of this Act (made before our late Wars) was only to disable the King to adjourn prorogue, or dissolve this Parl. by any Proclamation or Royal Act of his, without the consent of both houses; as the very title, prologue and close of it resolve: But never to continue it still a Parliament in case of the King death, against which it never intended to provide, it being a legal and absolute dissolution of it by the very fundamental constitution of Parliaments, and the Common Law of the Realm. Secondly, Because the King is the head and principal Member of this present Parliament; and the first person in the enacting Parl. Be it declared and enacted BY THE KING etc. and therefore when he ceaseth to be and is cut off, the Parliament must of ne● cessity cease to be, as well as if the Lords and Commons had all been dead or murdered by the Army, in which case the Parliament had been ended notwithstanding this Act, which cannot make a thing in being which is actually destroyed, no more than a dead man to be alive, Because it was never the intention of the King, Lords and Commons who were all parties to this act, to set up a new kind of Parliament without either King or Lords, or the Majority of the Commons house or to vest the Name, power and authority of the Parliament in an eight or ninth part of the Commons house alone, (as now) when the King, Lords and residue of the Commons were cut off and forced away by the Army's violence. Such a thought as this never once entered into their heads. Therefore the murdering of the King, the laying aside the Lords house, & secluding of most of the Commons, must of necessity dissolve this present Parliament notwithstanding this Act, as Master Prynne the Barrister, proved long since, before he was a Member, in his Plea, for the Lords. p. 14 15. and so much the rather, because without them, no Act of Parliament can possibly be made this Parliament, to dissolve it, within the words or meaning of this Act. The Commons therefore now sitting, having by their late exorbitant proceed and cutting off the Kings and Lords too in Mr. Prynne the Barresters' judgement dissolved this present Parliament, and thereby consequently dissolved all Parliament Committees in City and country, together with all Ordinances of Parliament, and all * Cook 7. Rep. f. 29. 30. 31. Dyer 165. 4. E. 4. 44. 1. E. 5. ●. a. 1. H. 7. 2 1. E. 3. 6, 7. Commissions, of the Commissioners of the Great Seal, judges of the King's Courts, justices of the Peace, Sheriffs, and the like, and the Generals and all other Officers of the Armies Commissions likewise, and put the Kingdom and Army into a miserable confusion Master Prynne the Member conceives he could then and now give them, no other Title, but that, in his Memento, which he fears the present age and posterity will have just cause to give them, for the miseries they have brought, and are like to bring upon them▪ by their Vnparliamentary and violent proceed, which he doubts will end in their own ruin. Secondly, Master Prynne the Barrister in those very Pages proves, That not only the KING, but all the Lords and Commons ought to be present at the Parliament, and fined if they absent themselves without just cause; and that all things ought to be acted in Parliament by the Kings, Lords and Commons joint concurrence; only he adds, That if any of the Lords or Commons when summoned, shall wilfully absent themselves, that the rest may sit and proceed without them, and by the King's consent make wholesome Laws for the Common wealth. But he neither there nor any where else affirmed that the Lords and Commons could make binding Laws or Ordinances of Parliament without the King; or that the Commons alone could make Acts of Parliament without the Lords; as a few of them now they presume; or that the eight or ninth part only of the commons house sitting under a force, when the rest of the Members are imprisoned, secluded and driven away thence by the Army's violence, were a complete Parliament, or House of commons to vote, order or act any thing (except only to adjourn, and take Order to remove the force) or that what they voted or acted under a force, was valid and binding to their fellow MEMBERS, or any others: but he expressly affirms the contrary: that whatever is voted or enacted whiles the Parl is under a force is void & null Part: 2. p. 86: And that no proceed ought to be in Parliament when most of the Members are absent or driven away from it. Part. 2. p. 7: which he proves more largely whiles a Barrister and be fore he was a Member; In his Levellers Leveled: and his Plea for the Lords. Therefore this Pamphletter hath much abused Master Prynne in this his misquotation and misapplication of his words 3dly. Mr. Prynne the Barrister in the first part of his Sovereign power of Parliaments, which this Scribbler quotes p. 28. citys and censures, the unwarrantable Practice of King Richard the 2d (for which he was articled against in the Parliament of 1H. 4. when he was deposed * Gr●fton p 329. Mr. Saint john's Speech. 1640. p: 33. 1. H4 n 21. 22. 48. ) That in the 21 years of his Reign, he unduly packed a Parliament, and by his extradordinary armed Guard of 4000: Cheshire Archers overawed and forced it to Repeal the Parliaments of 10 &. 11 Ri●h. 2. and to attaint and condemn the Duke of Gloucester, Earl of Warwick, and Earl of Arundel (than likewise executed) of High Treason: After which adjourning the Parliament to Shrewsbury, * 〈◊〉 2●. R. 2. c. 12. 16. 1. H. 4. c. 3. Walsingham Hist. Angliae p. 394. Gra●ton Holinshed he there subtly procured an Act to pass by common consent. That the power of the Parliament should remain in some few persons, who (AFTER THE PARLIAMENT DISSOLVED) should determine certain petitions delivered, but not answered therein. By colour whereof, these Committees proceeded to other things generally touching the Parliament, and that by the King's appointment in derogation of the state of the Parliament, and discommodity and pernicious example of the whole Realm. And by colour and authority thereof, he caused the Parliament Rolls to be altered, against the effect of the foresaid grant For which cause the said Parliament and all Acts and proceed therein were nulled and declared void in 1. H. 4. c. 2. 3. This very precedent Mr-Prynne the Member citys in his Memento, p. 9▪ 10. as the nearest potterne he could meet with, parallel to the present sitting junto. Who without any Act of Parliament, being not above the 9th. or 10th. part at most of the Commons House, and sitting under an Armed force, have taken upon them, not only the name and power of the whole Parliament, to alter, null, repeal Votes, Orders and Ordinances made in a full and free House, Vote out their fellow Members, and lay aside the Lords House, but likewise presumed to repeal old, and make new Acts of Parliament, to erect a new High Court of justice to try, condemn and execute the King himself without any witnesses legally and publicly produced against him; to adjourn and put off the Term it self to the great obstruction and delay of Justice, to order a new Great Seal of England, to be made without the King's Effigies or Motto: to alter all the ancient Writs, forms and proceed at the Common Law in the King's name and Style, to enact Commissions of Judges, Sheriffs and Justices of Peace and the like to continue after the King's death, which are absolutely * Cook 7. Rep. 30. 31. Dyer 165. a. null and expired by it: to enact and proclaine it to be High Treason for any man to proclaim Prince Charles, King of England after his Father's death (who is King of England, Scotland, France and Ireland immediately after his Father's execution, as is adjudged by all the Judges of England in Calums case Cook 7. f. 10. 11. and Cook 3. Instit. p. 7. 1. ●ac. ch. 1.) though bound thereto by the Common Law, the Oaths of Supremacy and Allegiance, the solemn League and Covenant, and the Statute of 1. Jacobi ch. 1. Wherein the Lords and Commons in full Parliament where All the whose body of the Realm and every Particular Member thereof, were either by person or representative by the Laws of the Realm deemed to be present, did with all possible public joy and acclamation, as A memorial so all posterities, among the Records of the High Court of Parliament for ever to endure of their Loyalty, obedience and hearty and humble 〈◊〉▪ publish, declare and ENACT; That they being bound there unto both by the laws of God and Man did recognize and acknowledge; that the Imperial Crown of the Realm of England, and of all the Kingdoms, Dominions and Rights belonging to the same, did immediately by inherent birthright, and lawful and undoubted Succession descend and come to his ●ost excellent Majesty 〈◊〉 being Lineally, Justly and lawfully ne●t and sole Heir of the blood Royal of this Realm. And that by the goodness of Almighty God and lawful right of Descent, his Majesty was of the Realms and Kingdoms of England, Scotland France and Ireland the most mighty and potent King: and thereunto they did most humbly and faithfully submit, NOTE. and oblige themselves, their News and Posterities for ever, until the last drop of their bloods be spent: Beseeching his Majesty to accept of the same, as the first fruits in that High Court of Parliament, of their loyalty and faith to his Majesty and his royal progeny and posterity for ever. And to Vote and declare High Treason, to be no Treason; and Loyalty and Allegiance itself, to be High Treason (contrary to all rules of Law, Justice, Honesty, Religion, Reason, Conscience and * 1. H. 4. c. 10 1. ●. 6. c. 1●. ● 1 Ma●iae c. 1. Cook. 3. Inst●t. p. 2. 21. 22. 23. express Acts of Parliament) to terrify and scare poor ignorant people from their Loyalty and duties: when as all wise men admire, decide, scorn such pitiful exorbitant Bulls and Bugbears; which will affright themselves most at last when Scelera, sceleribus ●●enda, Licentia scelerum est quae regna invisa tuetur; and armed violence be grown out of date; as they will (no doubt) ere long. And then this juncto, will wish with all their souls (but over late) they had hearkened better to Mr. Prynnes timely M●mento, which will then rise up in judgement against them, and this Pamphletter, to condemn and leave them without the least excuse. Upon the whole matter then, it will appear to all the world. That Mr. Prynne, both as a Barrister and Member is semper idem, and no Changeling, turncoat, or Apostate from his first principles and Engagements, as this perjured Pamphetter is; to whom he wisheth more Grace, Truth, Honesty, and less Deceit, Falsehood and Hypocrisy in his heart, and next Impressions, wherein he expects he will answer the principal Considerations in his Memento, with the Declarations, Remonstrances, Protestations, Petitions, Promises of both Houses, and the Solemn League and Covenant, therein recited, to which he hath not in this Pamphlet attempted to return the last shadow of an Answer, such a worthy Champion hath he showed himself, and so unable to encounter his Antagonist, Mr. Prynne, either as a Barrister or Member of the Commons House, Who having written more than any man in def●nce of the Sovereign Power of Parliaments and Kingdoms, considered only as they are rightly constituted and qualified; is thereby engaged more than any man, to oppose the abuses extravagances, & unparliamentary, disloyal Proceed, of any, who shall presume to wrest, abuse and pervert his Loyal Orthodox writings contrary to his sense and meaning to justify their unwarrantable, illegal, Tyrannical and Treasonable Actions, as this Pamphletter, and some others of late have done. POSTSCRIPT. COl. P. is credibly reported, to be the Author of Prynne against Prynne, by divers; yet others report, that his Son in Law Mr Abb●t (a Member) is the Author, and the Col. only the surperviser of it at the presse● however it is agreed by all that one of them is the Author; and the Col. owning it at the press, I must repute him the Father of this spurious birth. FINIS.