Selected quad for the lemma: england_n
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A36519
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The Long Parliament revived, or, An act for continuation, and the not dissolving the Long parliament (call'd by King Charles the First in the year 1640) but by an act of Parliament with undeniable reasons deduced from the said act to prove that that Parliament is not yet dissolved ; also Mr. William Prin his five arguments fully answered, whereby he endeavours to prove it to be dissolved by the Kings death &c. / by Tho. Phillips.
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Drake, William, Sir.
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1661
(1661)
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Wing D2137; ESTC R30130
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16,499
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26
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same with the rest of the peoples when once they shall come to be dissolved But now here because the fears and scruples which at first apprehension are apt to arise in the hearts of the Generality of the Kingdom may seem a great Obstruction in Prudence against the return of that Parliament to sit again in reference to the danger of perpetuating of it Who therefore may be ready to say By so doing me may inslave King and Kingdom to such a yoak of Bondage as we may never be able to break off our own necks or the necks of our Posterity any more I shall give hereunto this closing answer That the scruple is very rational and though such a thing there is a possibility they might do or attempt though very improbably effect if they should so wickedly abuse their trust yet those fears will soon be removed from wise and discreet persons if we do but seriously consider That the far greater number of the Members surviving are of the secluded Party who were thrust and forced out of the House for their Loyalty to the King Or of those that withdrew themselves upon the offence given by occasion of the Armies violence against King Parliament and have been the chief Instruments of his present Majesties happy restoration And therefore being persons so qualified we may easily believe they will not be very willing to draw such an Odium upon their unstained Credits as will inevitably follow besides the further mischiefs will be apt to ensue to themselves and the Nation by renewed discontents should they go about to ingross the Authority of the Nation any longer in their own hands than will be necessary for publick safety with his present Majesties Approbation Who for further security against those fears may easily summon them together by his Proclamation to Whitehall or where else he pleaseth before their Session again in Parliament and there receive their personal promise and ingagement to confirm the Acts of this present Parliament and to prepare a Bill the first thing they do at a certain time to be agreed on betwixt his Majesty and them to dissolve themselves and for his Majesties issuing out Writs for the summoning of a new Parliament that so things may sweetly return again without violence or injury done either to his Majesties Prerogative or his Peoples Liberties into a regular and legal way of proceeding to the general security and satisfaction of the whole POSTSCRIPT BEcause there are great and general dissatisfactions concerning this present Parliament so call'd now sitting in question of its legal right and authority being the Authors design is nothing else but the peace and security of his native Country and a thorow healing of our wounds and breaches he humbly desires further to offer these few following particulars to the grave and serious consideration of those that are more learned in the Laws in hopes that some eminent person of that profession will give a solid and judicious resolution to them First Sir Edward Cook in the third Part of his Institutes writing of the High Court of Parliament and of what persons that Court consists speaking of the Temporal Lords as Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by descent or Creation saith that every one of these being of full Age ought to have a Writ of Summons ex debito Iustitia Where note two things are required to the legality of their Session in Parliament First That they be of full Age. And if that be a quallification legâ—lly required of Peers for it will easily be granted to be most absurd and unjust that they that have not power by Law as all Infants under age have not o dispose of any part of their own Estates or to make one legal act to that purpose that such should have a share in the supream power to judge vote and dispose of the Estate Authority of the whole Kingdom I say then by rule of proportion that it is a qualification as necessarily required of the Commons upon the said consideration And it were happy for this Nation therefore that it were better looked after for the future that so those mischiefs may be prevented which too often ensue to the Publick by bringing such green heads into so wise and grave a Councel Secondly 'T is required to their legal Session in Parliament that the said Lords have Writs of Summons which these now sitting in this present Parliament never had Next The said Sir Edward Cook in the forecited place saith that the Commons which he calls there the third Estate of the Realm consisting of Knights of Shires for Counties Citizens of Cities and Burgesses of Burroughs they all are respectively to be elected by the Shires or Counties Cities and Burroughs by force of the Kings Writ ex debito Iustitia But the Commons of this present Parliament were not so chosen but by force of a Writ in the name of the Keepers of the Liberties of England Thirdly He saith that at the return of the Writs the Parliament cannot begin but by the Royal presence of the King eiâ—her in person or by representation By representation two waies Either by a Guardian of England by Letters Patents under the Great Seal when the King is in remote parts out of the Realm Or by Commission under the Great Seal of England to certain Lords of Parliament representing the Person of the King he being within the Realm in respect of some infirmity See Sir Edward Cook in his third Part of Institutes of the High Court of Parliament concerning the beginnings of Parliaments Page 6. But this Parliament began without the Royal presence of the King either in Person or by Representation Fourthly That the substance of the Writs of Summons must continue in their original Essence without any alteration or addition unless it be by Act of Parliament See the same Sir Edward Cook in his third Part of Institutes of the High Court of Parliament concerning Writs of Summons of Parliament Page 10. But how great an alteration and addition to the substance of the Writs of Summons is this to issue them forth in the name of the Keepers of the Liberties of England without the least authority of Parliament which by the express Statute ought only to be issued forth in the name of the King And therefore if there be any weight in Mr. Prins foresaid Argument to null a Parliament because of the Kings Death who call'd it in regard the Writs of Summons were issued forth in the name of that King deceased with whom by name the Members of Parliament were call'd to consult and advise but now cannot It will I conceive be no hard question to resolve and it were good Mr. Prin would undertake it without partiality or affection Whether the Parliament doth not ipso facto fall void and all the Acts of it further than they shall be confirmed by a lawful Parliament which
THE Long Parliament REVIVED OR An Act for continuation and the not dissolving the Long Parliament call'd by King Charles the First in the year 1640. but by an Act of Parliament With undeniable Reasons deduced from the said Act to prove that that Parliament is not yet dissolved ALSO Mr. William Prin his five Arguments fully answered whereby he endeavours to prove it to be dissolved by the Kings Death c. By Tho. Phillips Gentleman a sincere Lover of his King and Country LONDON Printed for the Author and are to be sold at the Castle and Lyon in St. Pauls Church-yard MDCLXI Anno 17. Caroli Regis An Act to prevent inconveniencies which may happen by the untimely adjourning proroguing or dissolving of this present Parliament WHereas great Sum of money must of necessitie be speedily advanced and provided for relief of his Majesties Army and people in the Northern parts of this Realm and for preventing the immanent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so â—â—â—ely effected as is 〈◊〉 without Credit for raising the said moneys Which Credit cannot be obtained untill such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers His Majesties Loyal Subjects that this present Parliament may be adjourned prorogued or dissolved before Justice shall be duly executed upon Delinquents publike grievances redressed a firm Peace between the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Commons in this present Parliament assembled having duely considered do therefore humblie beseech your most excellent Majesty that it may be declared and Enacted And be it Declared and Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the 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 Nor shall be at any time or times during the continuance thereof prorogued or adjourned unless it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unless it be by themselves or by 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 themselves or by their own Order And that all and every thing and things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this Act shall be utterly voiâ— and of none effect The Long Parliament revived TO the end the Peace of this Nation may be established upon a firm and lasting Foundation and that after one shipwrack hardly escaped we run not blindfold again upon a more fatal and irrecoverable Rock of confusion The Author of this small Paper out of tender compassion to his native Country and with all humble respects of due allegiance and honour to his Royal Majesty that now is hath thought fit with the premiâ—ed Act of Parliament to offer some few Arguments to the World naturally flowing from the authority and reason of it Which if timously harkened to may yet prove a healing remedy against the sad breaches of this shattered Kingdome and prevent those other mischiefs which the obstinacy of injudicious and self-willed persons will inevitably bring upon themselves and us And if convincing reason may bear the sway in this perverse Age wherein every man would make his petty private designs to be his Law rather than common equity or the establish'd Law of the Nation he doubts not of the desired success he aims at with Gods blessing in this ensuing Discourse That the safety and happiness of this Kingdom lies in Parliaments rightly constituted and in the preservation of their just and lawful Priviledges I suppose there are none of what different judgements soever in other things who are Subjects of this Nation and of sober principles but will reâ—dily grant it And if so the contrary thereunto will then without doubt as easily be concluded Which Maxime being yielded in reference to other Parliaments it must by proportion hold as true in relation to the Long Parliament call'd by the late King Charles the first of blessed memory in the year 1640. Whose being and Legal Authority is still so visibly existent by vertue of the forementioned Act that when the Subjects of this Nation have seriously considered of it they will doubtless see they have no reason to hold themselves safe in their Lives Liberties and Estates till it have made provision in that behalf and it be legally dissolved according to the Tenour of the said Act by Act of Parliament for that purpose And therefore being that so great a dissecurity to the Subjects and the Peace of the Kingdom is incumbent hereupon as who doth not evidently perceive it in case that Parliament is yet in its legal force and being how much doth it concern every Subject of this Nation to be groundedly satisfied in this particular by a solid answering of those objections that seem to militate against the verity of this assertion That mens minds may be setled together with the Peace of the Nation upon a sure Foundation of Law and righteousnes and we may not like the waves of the Sea be still fluctuating too and fro in doubts and uncertainties by the divers winds of mens contrary judgements and opinions to the continual hazard of our dearest concernments To evidence the still legal being of that foresaid Parliament the Act speaks sufficiently for it self in plain and express tearms Yet to make it more clear these following Arguments from the Act it self and the Title of it do more apparently evince it 1. To begin with the Title Which is An Act to prevent inconveniencies that may happen by the untimely adjourning proroguing or dissolving of this present Parliament Which inconveniencies are specified in the following preamble of the said Act whereof chiefly one is this Lest Credit should not be obtained for raising of Monies for relief of his Majesties Army and people in the North and for supply of other his Majesties present and urgent occasions through the continued fears of the Subjects lest the Parliament may be adjourned prorogued or dissolved before sufficient provision be made for repayment of the said monies to be raised In which words there are two things principally to be considered in reference to the intent and meaning of this Act why it was made First For the obtaining of Credit in order to the raising of considerable Sums of money for supply of the Kings and Kingdoms great necessities which could never have been done as by the Act it self is supposed had not this Act been made It being the only ground