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A44192 Some considerations upon the question, whether the Parliament is dissolved by it's prorogation for 15 months? Carey, Nicholas.; Holles, Denzil Holles, Baron, 1599-1680. 1676 (1676) Wing H2467; ESTC R3362 16,176 27

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day Object But notvvithst●nding it appcars by vvhat is said That this Parliament is neither Sitting or Progogued neither can it subsist sine die or by Proclamation yet there are some vvill tell us That it is the King's Prerogative alone to Prorogue or dissolve Parliaments and they vvill urge the opinion of chief Justice Lee That a Parliament cannet be dissolved or determined but ly matter of Record and that by the King alone Hutton Rep. Fol. 62. Ans. To this may be said That no man or number of men except the king can by matter of Record Dissolve a Parliament It is the right and prerogative of the king alone to do that But there are several other wayes by which a parliament may naturally or violently come to its end To make the expression plainer let this instance be offer'd no man hath authority to kill any of the kings subjects without a lawful Commission derived from him yet any of his Subjects may die naturaly or be killed violently and though the person that did it be liable to punishment yet the subject is not alive The death of the king or the resignation of his Crown are known and confessed to be the natural death of the parliament as well as of those other courts As also the return of the king from a forreign Country into England determines a parliament summon'd by his lieutenant in his absence as appeares expresely by the Act of parliament 18. H. 5. Ch. 7. The Duke of Gloucester the kings uncle told Richard the second of another way If the king shall 〈◊〉 absent himself from his parliament then sitting for the space of 40 Dayes Histor. Angli Fol. 2681. If a parliament should continue as long as this and the king should issue no writs to fill their vacant places it is more than probable that would prove a natural dissolution If the Gunpower treason had taken effect or any such like wicked or sad accident should happen it would prove a violent dissolution of the parliament So that cheif Justice Lee in in Huttons Rep. Fo. 62. was as much out in point of Law that a parliament cannot be dissolved but by the king and by matter of record as he was in good sence when he spoke of discontinuance of Parliaments by matter of Record Primo Mariae was a great Question whether the Parliament then summoned was not void Because 26 H. 8. C. 1. and 35. H 8. C. 3. did unite and annex the Title or Stile of Supremum Caput Eccleseae Anglicanae to the Crown and this Title or Stile was omitted in the then writs of Summons Some of the Judges and Queens Council thought this was not a necessary part of the Queens Stile others thought otherwise but it was admitted of all hands that supposing the Statutes of Henry the Eighth had extended to have made this a necessary part of the Queens Stile the force of the same Statutes had made void the parliament so that it appeares evidently by this that it was their Opinion that a parliament might be dissolved by the force of former statutes though the kings express pleasure for the dissolving of it did not otherwise appear upon record Decimo sept Car. 1. was an Act made that the Parliament should not be dissolved prorogued or adjorned but by their own consent by Act of parliament Here the kings 〈◊〉 of dissolving Parliaments is limited by an Act so that it is plainly subjected to former Statutes The Trienal Act it self is an Instance beyond exception this parliament which repealed it admitted it to have been a binding Law else what need it to have been repealed By this Act the kings prerogative was limitted both in calling and dissolving parliaments Ex abundanti it might be said That Acts of Parliament can bind limit restrain and govern the Descent and Inheritance of the Crown it self and all rights and titles thereunto This was practised in Henry the Eighth's time and in the thirteenth of Eliz. The affirming holding or maintaining the contrary was made Treason during her Life and after her decease forfeiture of all Goods and Chattels Neither is there any form of words necessary for the king to use in the Dissolving the Parliament If he bids them go home If he tells them he hath no further use of them or if he say They may be gone So also if he Prorogue them for a thousand years it cannot be thought other than a Dissolution The same would be if he Prorogued them for a hundred or tvventy years or any time above a year which is the boundary the Law hath set for if you exceed that what shall the time be or who shall have the authority to appoint it FINIS Cook 4. Rep. Slades Case Leonard 2. p. 87. 29. 30. Crook Eliz. 185. Cook 9. Rep. fol. 16 fully the Case Co. 12. Rep. Fol. 65. Dyer 98.