Selected quad for the lemma: judgement_n
Text snippets containing the quad
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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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without any prejudice by the consent and authority of the Successor as of the Father And further the Act is also herein express that by no other way or means but by an Act of Parliament it shall be dissolved Which being it cannot be done by the dead King but may be done by the Successor it ought so to be dissolved or else it must and doth by vertue of this Act still remain legally in full being and authority Sixthly As to what may be objected concerning the dissolution of this Parliament by an Act when the secluded Members were lately admitted The Argument is so weak that I thought wholly to have omitted the least mention of it Yet in regard it is objected by some who seem to receive satisfaction by it and there to acquiesce I shall give this answer in brief to it First That at the best that was but an Act so called of the House of Commons and so consequently far short of the authority of an Act of Parliament or any legal pretence of it which only consists of King Lords and Commons And therefore by any such appellative Act this Parliament can no waies be dissolvable And further The utmost authority that the House of Commons hath given them by the foresaid Act for the continuation of this Parliament till they dissolve themselves by an Act is but to adjourn themselves by an Order of their own House as is express in the said Act. By which 't is evident they have no power to dissolve themselves much less by any Act they can do to dissolve the Parliament And here it is worth the observing before I pass over this Act of the House of Commons whereby it was endeavoured to dissolve the Parliament That in their judgements and consciences there was need of an Act to dissolve the Parliament And therefore by this Act of theirs they did implicitly grant that before the passing of the said Act the Parliament was not then dissolved and so consequently did acknowledge it not to be dissolved by the Kings Death which happened many years before and if not dissolved by the Kings Death then much less by the said Act of the House of Commons which carries not the least shadow of legal Authority with it as aforesaid for the dissolution of it and therefore by the judgement of the said House rightly understood 't is still legally in force and being But because some do Object that in regard the Lords spiritual to wit the Bishops were oured the House of Peers before the passing this Act for continuation of the Parliament whereby their Votes and Consents were never had in the Case that therefore it was an illegal Act and so fell void in it seâ—f I answer briefly That the Abbots and Priors 29. in number who were formerly Lords of Parliament and held per Baroniam from the King and had their Seats and Votes in the House of Peers as well as the Temporal Lords were dissolved in the Reign of King Henry the 8th And yet all Parliaments since with all their Acts have been held for Legal and Authentick without the least question or contradiction of their Authority and therefore is as little to be scrupled here in our present Case which is the same The Bishops Priviledge and right to sit in Parliament being also null and made void as well as theirs by Act of Parliament Whereunto much more might here be said to this purpose but that I would not be tedious Seventhly I have but one word more which answers most fully and unquestionably all Mr. Prins Objections at once or what else may be said for the dissolution of this Parliament by the Kings Death And that is taken from the supream legislative authority under God that the three Estates viz. King Lords and Commons legally called have over all persons and Causes in the whole Nation By vertue whereof they have power to do the highest actions the Nation is capable of though it be even to the dismembring of the Parliament it self and dissolving a considerable part of it or altering any other Fundamental Constitutions they please so they see it necessary for the publike good as particularly in the Case of the Bishops call'd the spiritual Lords and by some affirmed to be the third Estate in Parliament who nevertheless have been excluded by an Act of the King Lords and Commons from their ancient right of sitting and voting in Parliament when in their wisdoms their Session there appeared hurtful to Church and State For who may question or controul the Actions of a lawful Parliament while none in the Kingdom can so much as pretend to be above them And if their authority be of so large an extent even in matters of greatest weight and moment then much more in things of far inferiour and much less concernment as is the confirmation of a Parliament to continue after the Kings death who call'd it if the three Estates shall see good to pass an Act as now they have done to that purpose implicitely though not in express terms the King hapning to die before it hath been dissolved by an Act of Parliament as by the three Estates hath been firmly enacted it should be so dissolved and no otherwise By this time it may be hoped the legal being and Authority of the Long Parliament is sufficiently evident The truth whereof being so clearly proved both by Law and Reason how much doth it unfold to us the sad and dangerous estate of the Kingdom whilest under the Constitution of such powers as neither in Estate Liberty or Life though otherwise of good Inclinations to the Publick can give the Nation any legal security For though many excellent things have been done by the singular wisdome of this present Parliament now sitting that are of special tendency in themselves for the good and safety of the Nation through his Majesties most gracious condiscention for which we have infinite cause to bless God Yet herein the great unhappiness That whilest their Authority is not legally founded the Nation can promise themselves no assurance for the lasting enjoyment of those benefits and securities they have given it being 't is to be feared and too justly they fall void of themselves by vertue of the said Parliaments illegal Policy and Constitution Therefore how much were it to be wished that the Supream Legislative Authority of the Nation might again revert into that Channel by which the Peace and Settlement of the Nation through His Majesties most Gracious Influence might durably and without question be provided for and preserved In reference to which I shall humbly take the boldness to offer it as a weighty and serious consideration to this present Parliament now sitting whether they should not do well for their own safety as well as the Nations to advise his Majesty in this particular They only having the priviledge and opportunity now effectually to do it their case in point of safety or danger being the
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