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.
         Drake, William, Sir.
      
       
         
           1661
        
      
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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.
             Drake, William, Sir.
          
           [2], 22 p.
           
             Printed for the author and are to be sold at the Castle and Lyon ...,
             London :
             MDCLXI [1661]
          
           
             Thomas Phillips is a pseudonym for Sir William Drake--BLC.
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Great Britain -- Politics and government -- 1689-1702.
        
      
    
     
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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
          
           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
           ●●●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
           voi●
           ,
           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
           premi●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
           re●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
           and
           foundation
           of
           encouragement
           for
           the
           Credit
           which
           was
           to
           be
           given
           in
           order
           to
           the
           raising
           of
           the
           said
           monies
           ;
           and
           did
           accordingly
           effect
           it
           .
        
         
           Secondly
           ,
           The
           Parliament
           could
           not
           without
           this
           be
           in
           any
           secure
           condition
           to
           make
           provision
           for
           the
           repayment
           of
           the
           said
           money
           so
           to
           be
           raised
           ,
           in
           regard
           that
           through
           defect
           of
           such
           an
           Act
           ,
           the
           Parliament
           might
           be
           in
           continual
           danger
           to
           be
           untimely
           dissolved
           ,
           (
           and
           by
           the
           clear
           scope
           of
           the
           Act
           ,
           't
           is
           accounted
           an
           untimely
           dissolution
           ,
           if
           dissolved
           before
           the
           said
           provision
           be
           made
           )
           therefore
           the
           dissolution
           of
           the
           said
           Parliament
           before
           such
           provision
           made
           for
           repayment
           of
           the
           said
           monies
           ,
           which
           is
           not
           yet
           done
           ,
           is
           expresly
           contrary
           to
           the
           true
           meaning
           and
           intention
           of
           this
           Act.
           
        
         
           And
           if
           this
           Act
           were
           made
           purposely
           to
           prevent
           the
           untimely
           dissolution
           of
           the
           Parliament
           ,
           (
           as
           it
           stands
           express
           in
           the
           Title
           )
           then
           it
           cannot
           but
           have
           respect
           to
           the
           Kings
           Death
           ,
           as
           well
           as
           to
           any
           other
           means
           of
           untimely
           dissolution
           :
           The
           Parliament
           well
           knowing
           the
           Kings
           life
           was
           as
           uncertain
           ,
           yea
           ,
           in
           some
           respects
           more
           uncertain
           than
           the
           life
           of
           other
           men
           :
           And
           therefore
           could
           not
           choose
           but
           so
           understand
           it
           ,
           if
           they
           intended
           this
           Act
           to
           be
           any
           security
           for
           the
           monies
           borrowed
           ,
           or
           to
           be
           borrowed
           upon
           their
           Credit
           .
        
         
           Secondly
           .
           In
           the
           substance
           and
           body
           of
           the
           Act
           't
           is
           delivered
           in
           express
           terms
           ,
           
             That
             this
             present
             Parliament
             shall
             not
             be
             dissolved
             ,
             but
             by
             an
             Act
             of
             Parliament
             .
          
           Whence
           it
           follows
           ,
           that
           if
           not
           dissolvable
           ,
           unless
           by
           an
           Act
           of
           Parliament
           ,
           then
           it
           is
           exclusive
           to
           all
           other
           waies
           and
           means
           of
           dissolution
           (
           as
           the
           interruption
           by
           armed
           violence
           ,
           the
           forcible
           omission
           of
           daies
           of
           adjournment
           ,
           the
           violent
           ,
           or
           natural
           death
           of
           the
           King
           )
           or
           whatsoever
           else
           might
           be
           done
           or
           have
           happened
           legally
           to
           dissolve
           it
           ,
           had
           not
           this
           Act
           been
           made
           or
           constituted
           .
        
         
           Thirdly
           ,
           and
           lastly
           ,
           To
           make
           all
           clear
           ,
           without
           any
           exception
           ,
           in
           the
           close
           of
           the
           said
           Act
           it
           is
           expressed
           ,
           
             That
             all
             ,
             and
             every
             thing
             ,
             and
             things
             ,
             whatsoever
             done
             ,
             or
             to
             be
             done
             ,
             for
             the
             adjourning
             ,
             proroguing
             ,
             or
             dissolving
             of
             this
             present
             Parliament
             ,
             contrary
             to
             this
             Act
             ,
             shall
             be
             utterly
             void
             and
             of
             none
             effect
             .
          
           Which
           clause
           you
           
           see
           looks
           backward
           ,
           and
           forwards
           in
           reference
           to
           whatsoever
           had
           a
           legal
           power
           and
           tendency
           before
           this
           Act
           to
           dissolve
           the
           Parliament
           .
           Against
           which
           this
           Act
           hath
           now
           fully
           provided
           ,
           that
           neither
           what
           hath
           been
           done
           for
           the
           time
           past
           ,
           nor
           whatsoever
           shall
           be
           done
           for
           time
           to
           come
           ,
           shall
           dissolve
           this
           Parliament
           ,
           excepting
           an
           Act
           of
           the
           said
           Parliament
           .
           Whence
           I
           argue
           ,
           That
           all
           those
           things
           that
           otherwise
           legally
           would
           or
           might
           have
           dissolved
           this
           Parliament
           ,
           had
           not
           this
           Act
           been
           made
           ,
           have
           no
           force
           or
           efficacy
           to
           dissolve
           this
           ,
           but
           only
           an
           Act
           of
           this
           present
           Parliament
           .
           All
           other
           Parliaments
           having
           no
           legal
           capacity
           till
           this
           be
           legally
           dissolved
           :
           unless
           it
           be
           granted
           that
           two
           Parliaments
           may
           have
           both
           of
           them
           legal
           capacity
           at
           one
           and
           the
           same
           time
           .
           Which
           I
           beleeve
           there
           are
           none
           so
           absurd
           as
           to
           aver
           ;
           no
           more
           ,
           then
           that
           two
           Kings
           may
           have
           a
           legal
           capacity
           at
           one
           time
           in
           the
           same
           Kingdom
           .
        
         
           But
           because
           there
           are
           divers
           objections
           ,
           that
           seem
           to
           oppose
           the
           premises
           ,
           and
           the
           legal
           being
           and
           capacity
           of
           the
           said
           Parliament
           ,
           I
           shall
           endeavour
           to
           answer
           them
           as
           strongly
           ,
           and
           yet
           as
           briefly
           as
           I
           may
           to
           every
           ordinary
           Readers
           understanding
           .
        
         
           The
           first
           ,
           and
           grand
           Objection
           of
           all
           is
           the
           death
           of
           the
           late
           
           King
           that
           summoned
           this
           Parliament
           in
           the
           year
           1640.
           and
           is
           argued
           by
           Mr.
           
             Wil.
             Prin.
          
           Because
           ,
           saith
           he
           ,
           
             it
             hath
             been
             frequently
             resolved
             by
             Parliaments
             themselves
             ,
             the
             reverend
             Judges
             ,
             and
             our
             Law
             Books
             ,
             by
             King
          
           Charles
           
             his
             own
             Declaration
             ,
             and
             his
             Judges
             ,
             and
             Council
             ,
             that
             the
             deposition
             and
             death
             of
             the
             King
             doth
             actually
             dissolve
             the
             Parliament
             ,
          
           &c.
           
        
         
           To
           which
           I
           answer
           by
           way
           of
           Concession
           ,
           that
           the
           Death
           of
           the
           King
           doth
           legally
           ,
           or
           according
           to
           Custome
           ,
           dissolve
           a
           Parliament
           that
           is
           only
           call'd
           and
           constituted
           by
           the
           Kings
           Writ
           ;
           but
           not
           a
           Parliament
           constituted
           and
           confirmed
           by
           an
           Act
           of
           the
           three
           Estates
           .
           Let
           Mr.
           Prin
           ,
           or
           any
           other
           Lawyer
           shew
           me
           any
           Law
           or
           president
           to
           that
           purpose
           ,
           and
           I
           will
           presently
           yield
           the
           Cause
           .
        
         
           If
           Mr.
           Prin
           would
           have
           spoken
           home
           to
           this
           Case
           ,
           he
           should
           have
           made
           it
           appear
           where
           ,
           or
           when
           it
           had
           been
           resolved
           by
           Parliament
           ,
           the
           Judges
           ,
           and
           our
           Law
           Books
           ,
           &c.
           that
           in
           case
           of
           an
           Act
           of
           Parliament
           made
           for
           the
           Session
           ,
           and
           continuance
           of
           
           a
           Parliament
           ,
           till
           they
           should
           dissolve
           themselves
           by
           an
           Act
           ,
           that
           such
           a
           Parliament
           hath
           been
           ,
           or
           shall
           nevertheless
           be
           dissolved
           by
           the
           Kings
           death
           ,
           which
           it
           is
           believed
           he
           will
           find
           a
           very
           hard
           task
           to
           prove
           .
        
         
           Secondly
           ,
           He
           objects
           ,
           
             the
             Parliament
             is
             no
             standing
             Court
             ,
             sitting
             at
             certain
             seasons
             by
             positive
             Laws
             ,
             but
             summoned
             and
             constituted
             by
             the
             Kings
             Writ
             of
             Summons
             ,
             and
             Royal
             Prerogative
             ,
             when
             ,
             and
             where
             he
             pleaseth
             ,
             and
             adjourned
             ,
             prorogued
             ,
             and
             dissolved
             by
             his
             Writ
             alone
             in
             point
             of
             Law
             ,
          
           &c.
           
        
         
           I
           answer
           again
           ,
           by
           way
           of
           Concession
           ;
           that
           Parliaments
           ,
           according
           to
           their
           wonted
           and
           by-past
           Customes
           ,
           were
           no
           certain
           Courts
           ,
           sitting
           at
           certain
           seasons
           by
           positive
           Laws
           .
           But
           yet
           may
           be
           made
           such
           by
           Act
           of
           the
           three
           Estates
           .
           Witness
           the
           Triennial
           Parliament
           .
        
         
           And
           further
           ,
           By
           an
           extraordinary
           grant
           of
           his
           late
           Majesty
           ,
           this
           Parliament
           was
           made
           a
           standing
           Court
           to
           sit
           constantly
           by
           a
           positive
           Law
           ,
           till
           they
           should
           please
           to
           dissolve
           themselves
           .
           He
           having
           been
           pleased
           by
           the
           said
           grant
           ,
           for
           the
           better
           security
           of
           his
           Subjects
           ,
           to
           wave
           his
           Royal
           Prerogative
           and
           power
           of
           dissolution
           ;
           and
           to
           give
           his
           consent
           for
           the
           nulling
           of
           all
           other
           means
           tending
           thereunto
           .
        
         
           And
           for
           what
           Mr.
           Prin
           intimates
           further
           in
           the
           said
           Objection
           :
           
             That
             because
             all
             Writs
             of
             Summons
             are
             actually
             abated
             by
             the
             Kings
             death
             ,
             as
             well
             as
             all
             other
             Commissions
             ,
             and
             Patents
             of
             all
             Judges
             ,
             Justices
             ,
          
           &c.
           
           
             That
             therefore
             this
             Parliament
             must
             needs
             be
             dissolved
             .
          
        
         
           I
           answer
           :
           That
           doth
           not
           at
           all
           follow
           ,
           till
           he
           can
           make
           it
           appear
           ,
           that
           there
           is
           no
           more
           validity
           in
           an
           Act
           of
           Parliament
           of
           the
           three
           Estates
           ,
           than
           there
           is
           in
           a
           meer
           Writ
           of
           Summons
           ,
           or
           a
           Commission
           or
           Patent
           granted
           only
           by
           the
           King
           :
           For
           though
           this
           Parliament
           was
           summoned
           by
           the
           King
           Writ
           ,
           yet
           't
           is
           manifest
           ,
           its
           continuance
           and
           confirmation
           did
           not
           at
           all
           depend
           upon
           that
           (
           for
           then
           he
           might
           still
           have
           dissolved
           it
           when
           he
           ple●sed
           )
           but
           upon
           the
           Act
           of
           the
           three
           Estates
           ,
           who
           had
           established
           it
           by
           Law
           ,
           and
           so
           was
           now
           no
           more
           dissolvable
           by
           the
           Kings
           Death
           than
           any
           other
           Statute
           Law
           ,
           or
           Act
           of
           Parliament
           whatsoever
           .
           And
           therefore
           is
           not
           depending
           on
           so
           fickle
           a
           thing
           as
           a
           Writ
           of
           Summons
           ,
           or
           a
           Patent
           ,
           or
           Commission
           
           given
           the
           Judges
           ,
           and
           which
           the
           King
           may
           take
           away
           and
           repeal
           again
           at
           his
           own
           pleasure
           .
        
         
           And
           to
           illustrate
           this
           more
           by
           an
           instance
           ,
           I
           shall
           desire
           to
           aske
           Mr.
           Prin
           this
           Question
           .
           Put
           case
           that
           there
           are
           certain
           urgent
           necessities
           (
           as
           before
           specified
           in
           the
           Act
           )
           that
           the
           Parliament
           hath
           of
           great
           Sums
           of
           Money
           for
           preserving
           the
           Peace
           of
           the
           Kingdome
           .
           This
           money
           they
           must
           take-up
           upon
           their
           Credits
           :
           But
           they
           see
           no
           waies
           how
           to
           raise
           ,
           or
           repay
           it
           ,
           unless
           their
           Session
           be
           continued
           for
           seven
           years
           .
           Therefore
           to
           get
           Credit
           for
           raising
           the
           said
           Money
           ,
           and
           time
           to
           reimburse
           ,
           or
           give
           security
           to
           the
           Lenders
           ,
           they
           obtain
           the
           Kings
           consent
           to
           an
           Act
           for
           their
           continuance
           during
           the
           said
           term
           (
           with
           this
           Proviso
           inserted
           )
           though
           the
           King
           by
           any
           accident
           should
           happen
           to
           die
           before
           the
           said
           security
           were
           given
           ,
           or
           the
           moneys
           paid
           .
           Whether
           doth
           the
           Parliament
           in
           this
           case
           continue
           in
           force
           and
           efficacy
           after
           the
           Kings
           Death
           ,
           or
           is
           it
           then
           actually
           dissolved
           ?
        
         
           If
           Mr.
           Prin
           grant
           it
           a
           Parliament
           in
           force
           after
           the
           Kings
           Death
           upon
           this
           consideration
           (
           as
           I
           conceive
           he
           cannot
           deny
           it
           )
           then
           't
           is
           apparent
           ,
           that
           't
           is
           not
           the
           Kings
           Death
           barely
           that
           doth
           of
           it self
           dissolve
           a
           Parliament
           ,
           viz.
           I
           say
           ,
           a
           Parliament
           stablished
           by
           a
           Law
           :
           and
           consequently
           then
           not
           this
           Parliament
           ,
           the
           reasonbeing
           alike
           for
           the
           one
           as
           for
           the
           other
           .
        
         
           But
           if
           he
           shall
           aver
           ,
           (
           which
           to
           me
           is
           incredible
           )
           that
           notwithstanding
           such
           an
           Act
           ,
           yet
           by
           the
           Kings
           Death
           't
           is
           legally
           dissolved
           .
           Then
           it
           will
           necessarily
           follow
           ,
           that
           Parliament
           security
           (
           which
           was
           ever
           lookt
           upon
           till
           now
           as
           inviolable
           )
           is
           most
           dangerous
           ,
           and
           of
           all
           others
           least
           to
           be
           trusted
           ,
           and
           the
           Subjects
           had
           need
           be
           warned
           to
           take
           heed
           of
           it
           ;
           seeing
           it
           must
           wholly
           depend
           upon
           so
           uncertain
           a
           thing
           as
           the
           Kings
           Life
           ;
           which
           as
           it
           throws
           no
           small
           dishonour
           upon
           that
           High
           Court
           ,
           So
           it
           will
           be
           no
           little
           prejudice
           to
           publike
           emergencies
           .
           For
           if
           the
           King
           die
           half
           a
           year
           after
           the
           Moneys
           borrowed
           ,
           and
           before
           the
           security
           be
           given
           (
           and
           he
           hath
           no
           surer
           or
           longer
           a
           lease
           of
           his
           life
           than
           other
           men
           )
           all
           the
           said
           moneys
           must
           absolutely
           be
           lost
           ,
           and
           so
           the
           Subjects
           defrauded
           :
           No
           future
           Parliament
           being
           bound
           to
           make
           good
           the
           Acts
           and
           Deeds
           of
           a
           Former
           ,
           further
           than
           they
           will
           or
           please
           themselves
           :
           And
           it
           is
           to
           be
           wishe
           ,
           
           that
           the
           Kingdom
           may
           not
           now
           too
           sadly
           have
           experience
           of
           it
           .
        
         
           Thirdly
           ,
           Mr.
           Prin
           objects
           ,
           
             the
             Kings
             name
             in
             which
             the
             Writs
             for
             Election
             are
             issued
             forth
             :
             That
             because
             they
             go
             out
             in
             the
             name
             of
             the
             King
             raigning
             ,
             and
             so
             calls
             the
             persons
             elected
             to
             advise
             with
             him
             personally
             ;
             and
             the
             Parliament
             to
             be
             conven'd
             is
             call'd
             his
             Parliament
             ,
             and
             is
             〈…〉
             cons
             〈…〉
             of
             the
             arduous
             businesses
             of
             the
             Kingdom
             concerning
             him
          
           &c.
           
           
             Therefore
             when
             the
             King
             dies
             who
             call'd
             the
             Parliament
             to
             advise
             and
             consult
             with
             himself
             ,
             the
             Parliament
             must
             necessarily
             be
             dissolved
             ,
             unless
             they
             could
             be
             supposed
             to
             consult
             and
             advise
             with
             him
             of
             the
             weighty
             affairs
             of
             his
             Kingdom
             after
             his
             decease
             .
          
        
         
           To
           this
           I
           answer
           first
           ,
           That
           though
           the
           Writs
           of
           Summons
           run
           ,
           to
           consult
           with
           the
           King
           personally
           or
           by
           name
           ,
           yet
           they
           say
           not
           ,
           to
           consult
           with
           him
           only
           ,
           and
           so
           are
           not
           so
           exclusive
           (
           having
           respect
           to
           the
           reason
           and
           equity
           of
           the
           Law
           )
           but
           that
           the
           same
           Parliament
           may
           also
           consult
           with
           his
           Successor
           ,
           of
           the
           Peace
           and
           safety
           of
           the
           Kingdom
           do
           require
           :
           Granting
           this
           Maxime
           to
           be
           undeniably
           true
           ,
           that
           the
           safety
           of
           the
           people
           is
           the
           supream
           Law.
           
        
         
           And
           though
           the
           Parliament
           summoned
           by
           the
           Kings
           Writs
           be
           called
           his
           Parliament
           ,
           yet
           his
           death
           doth
           no
           more
           vacate
           it
           (
           being
           established
           by
           Law
           )
           than
           it
           doth
           other
           Laws
           by
           the
           same
           King
           made
           ,
           which
           are
           most
           properly
           call'd
           his
           Laws
           ,
           because
           enacted
           with
           his
           personal
           consent
           :
           and
           yet
           we
           know
           that
           they
           are
           not
           so
           his
           ,
           but
           that
           they
           are
           also
           the
           Laws
           of
           his
           Successors
           ,
           and
           are
           so
           commonly
           call'd
           .
        
         
           Besides
           ,
           By
           con●ituting
           the
           Parliament
           to
           dure
           till
           they
           dissolve
           themselves
           by
           an
           :
           Act
           ,
           the
           King
           virtually
           waved
           the
           authority
           of
           his
           Writs
           of
           Summons
           ,
           in
           which
           Writs
           the
           Parliament
           is
           exprest
           to
           be
           called
           to
           consult
           with
           him
           by
           name
           :
           No
           such
           thing
           being
           in
           the
           least
           said
           or
           exprest
           in
           the
           Act
           by
           which
           this
           Parliament
           is
           now
           confirmed
           to
           continue
           ,
           &c.
           
           Therefore
           it
           matters
           not
           ,
           neither
           is
           it
           at
           all
           to
           the
           purpose
           in
           this
           case
           ,
           how
           ,
           or
           in
           what
           name
           the
           Writs
           of
           Summons
           ,
           whereby
           this
           Parliament
           was
           first
           called
           ,
           were
           issued
           forth
           :
           Forasmuch
           as
           this
           Parliament
           consists
           no
           longer
           by
           any
           authority
           derivative
           from
           those
           Writs
           ,
           (
           that
           Foundation
           being
           wholly
           taken
           away
           )
           but
           
           only
           by
           Act
           of
           the
           three
           Estates
           ,
           as
           is
           evident
           in
           that
           the
           King
           could
           not
           now
           dissolve
           it
           by
           his
           personal
           Authority
           any
           more
           .
           And
           if
           his
           personal
           Authority
           ,
           he
           being
           living
           (
           which
           is
           affirmative
           )
           could
           not
           dissolve
           it
           ;
           then
           his
           death
           ,
           which
           is
           but
           negative
           ,
           or
           a
           cessation
           of
           the
           influence
           of
           his
           personal
           Authority
           ,
           can
           much
           less
           do
           it
           .
        
         
           And
           farther
           ,
           By
           way
           of
           interrogation
           I
           would
           ask
           Mr.
           Prin
           ,
           Whether
           he
           will
           grant
           any
           more
           priviledge
           (
           in
           the
           case
           of
           the
           Kings
           Death
           )
           to
           a
           Parliament
           stablished
           by
           a
           Law
           ,
           then
           he
           will
           do
           to
           a
           Parliament
           only
           call'd
           and
           constituted
           by
           the
           Kings
           Writs
           ,
           (
           between
           which
           he
           cannot
           surely
           but
           say
           there
           is
           a
           very
           wide
           difference
           .
           )
           And
           if
           he
           yields
           the
           priviledge
           doth
           excel
           (
           as
           he
           must
           needs
           )
           on
           the
           side
           of
           that
           Parliament
           that
           is
           established
           by
           a
           Law
           :
           In
           what
           sence
           can
           he
           conceive
           it
           to
           be
           ,
           as
           the
           case
           here
           put
           ,
           unless
           by
           the
           duration
           of
           its
           Authority
           after
           the
           Kings
           Death
           who
           call'd
           it
           :
           Of
           which
           Priviledge
           the
           Parliament
           only
           constituted
           by
           the
           Kings
           Wrics
           comes
           fhort
           ,
           and
           failes
           ,
           as
           before
           acknowledged
           ,
           by
           the
           Kings
           Death
           .
        
         
           And
           I
           would
           fain
           know
           what
           reason
           there
           is
           ,
           that
           a
           strained
           exposition
           of
           a
           Statute
           Law
           as
           this
           is
           (
           that
           this
           Parliament
           should
           be
           dissolved
           by
           the
           Kings
           Death
           )
           should
           take
           place
           against
           the
           express
           litteral
           sence
           of
           it
           ,
           which
           is
           ,
           (
           that
           it
           shall
           not
           be
           dissolved
           ,
           but
           by
           an
           Act
           :
           )
           When
           as
           the
           strained
           sence
           also
           is
           evidently
           dangerous
           ,
           unsafe
           ,
           and
           prejudicial
           to
           the
           publike
           ,
           but
           the
           litteral
           exceeding
           beneficial
           .
        
         
           The
           calling
           of
           Parliaments
           ,
           in
           this
           or
           that
           Kings
           name
           ,
           to
           consult
           or
           advise
           with
           this
           or
           that
           King
           ,
           these
           are
           but
           circumstantial
           things
           ,
           and
           done
           for
           orders
           sake
           ,
           and
           nothing
           of
           the
           substantials
           and
           essence
           of
           the
           Government
           and
           Kingdoms
           welfare
           .
           And
           therefore
           if
           Parliaments
           ,
           call'd
           in
           this
           or
           that
           Kings
           name
           ,
           to
           advise
           with
           this
           or
           that
           King
           ,
           should
           continue
           in
           force
           (
           though
           there
           were
           no
           Act
           for
           it
           )
           after
           this
           or
           that
           Kings
           Death
           ,
           there
           were
           no
           danger
           or
           inconvenience
           in
           it
           (
           how
           much
           less
           when
           an
           Act
           ,
           as
           now
           ,
           implicitely
           passed
           to
           that
           purpose
           )
           but
           rather
           the
           contrary
           .
           They
           may
           consult
           with
           as
           much
           safety
           and
           advantage
           to
           the
           Kingdom
           with
           the
           Successor
           ,
           as
           they
           did
           with
           the
           deceased
           King.
           
        
         
           But
           to
           dissolve
           Parliaments
           rashly
           and
           untimely
           may
           
           throw
           a
           well-setled
           Kingdom
           into
           very
           great
           and
           hazardous
           difficulties
           :
           And
           how
           sad
           a
           thing
           were
           it
           ,
           and
           how
           contrary
           to
           the
           general
           rule
           of
           the
           peoples
           safety
           (
           which
           in
           the
           Government
           of
           a
           Nation
           ought
           to
           be
           valued
           before
           any
           thing
           ,
           and
           is
           the
           end
           of
           Government
           )
           if
           for
           circumstances
           the
           general
           welfare
           and
           Peace
           of
           the
           Kingdom
           must
           be
           hazarded
           .
        
         
           Fourthly
           ,
           As
           to
           what
           M.
           Prin
           objects
           concerning
           
             a
             man
             by
             his
             Will
             or
             Deed
             ,
             or
             the
             King
             by
             his
             Commission
             ,
             or
             the
             Parliament
             by
             special
             Act
             and
             Order
             authorizing
             and
             impowring
             any
             three
             persons
             joyntly
             to
             sell
             Land
             ,
             give
             Livery
             and
             seisin
             ,
             execute
             any
             Commission
             ,
          
           &c.
           
             and
             that
             in
             case
             any
             of
             them
             die
             ,
             the
             two
             survivers
             joyntly
             ,
             or
             severally
             can
             do
             nothing
             ;
             because
             their
             authority
             and
             trust
             was
             joynt
             and
             not
             several
             ,
          
           &c.
           
           Applying
           this
           to
           the
           Parliament
           ,
           
             which
             being
          
           (
           as
           he
           now
           expresseth
           it
           )
           
             a
             Corporation
             compacted
             joyntly
             of
             the
             King
             ,
             Lords
             ,
             and
             Commons
             House
             ,
             and
             three
             Estates
             ,
             that
             therefore
             the
             Death
             of
             the
             King
             necessarily
             dissolves
             it
             notwithstanding
             this
             Act.
             
          
        
         
           I
           answer
           ,
           This
           doth
           no
           more
           prove
           it
           than
           any
           of
           his
           former
           Arguments
           .
           For
           this
           similitude
           doth
           not
           hold
           proportion
           ,
           nor
           come
           up
           to
           our
           present
           Case
           .
        
         
           For
           we
           have
           not
           here
           to
           do
           with
           one
           Estate
           or
           more
           that
           hath
           absolute
           power
           in
           it self
           (
           and
           intends
           to
           execute
           it
           )
           to
           constitute
           other
           persons
           for
           any
           office
           or
           trust
           ,
           as
           a
           single
           person
           ,
           &c.
           that
           makes
           a
           Will
           or
           Deed
           doth
           constitute
           three
           or
           more
           persons
           in
           trust
           for
           the
           execution
           of
           his
           Will
           or
           Deed
           ,
           whose
           joynt
           power
           being
           exprest
           in
           the
           said
           Will
           or
           Deed
           ,
           it
           necessarily
           failes
           upon
           the
           death
           of
           any
           one
           of
           them
           ,
           because
           joyntly
           and
           not
           severally
           intrusted
           .
        
         
           But
           with
           a
           Parliament
           ,
           
             Who
             have
             voluntarily
             engaged
             themselves
          
           upon
           a
           trust
           and
           Credit
           received
           from
           the
           people
           for
           their
           security
           ,
           with
           the
           consent
           of
           the
           King
           making
           a
           Law
           to
           preserve
           their
           Session
           ,
           
             and
             establish
             their
             own
             Authority
          
           against
           all
           means
           of
           their
           untimely
           dissolution
           
             till
             they
             had
             honourably
             discharged
             their
             trust
             ,
          
           and
           given
           security
           and
           satisfaction
           to
           those
           that
           gave
           them
           Credit
           :
           Which
           nothing
           concerns
           any
           Power
           or
           Authority
           to
           be
           given
           to
           others
           ,
           whether
           three
           or
           more
           persons
           (
           according
           to
           Mr.
           Prins
           instance
           )
           to
           be
           executed
           joyntly
           ,
           wherein
           a
           failer
           may
           be
           through
           any
           one
           of
           their
           deaths
           .
        
         
         
           But
           because
           there
           seems
           something
           still
           to
           be
           unanswered
           to
           this
           Objection
           in
           reference
           to
           the
           conjunctive
           power
           of
           the
           Parliament
           consisting
           of
           three
           Estates
           .
           Therefore
           this
           also
           is
           fully
           resolved
           in
           the
           following
           answer
           to
           what
           Mr.
           Prin
           intimates
           concerning
           the
           Kings
           being
           a
           part
           of
           the
           Parliament
           :
           Who
           saith
           ,
        
         
           
             That
             because
             the
             King
             is
             a
             part
             of
             the
             Parliament
             :
             Therefore
             if
             the
             King
             dies
             ,
             the
             Parliament
             must
             needs
             be
             dissolved
             .
          
        
         
           To
           which
           I
           answer
           ,
           That
           the
           King
           is
           rather
           a
           part
           of
           the
           Parliament
           in
           his
           Politick
           than
           in
           his
           personal
           capacity
           ,
           which
           is
           alwaies
           subject
           to
           death
           ,
           but
           his
           Politick
           never
           .
           With
           this
           agrees
           that
           famous
           Lawyer
           Sir
           
             Edward
             Cook
          
           ,
           (
           see
           the
           third
           part
           of
           his
           Institutes
           ,
           Chapter
           the
           first
           )
           where
           speaking
           of
           the
           High
           Court
           of
           Parliament
           ,
           and
           of
           what
           persons
           it
           consisteth
           ,
           saith
           in
           the
           first
           place
           ,
           and
           in
           express
           words
           :
           That
           it
           consists
           of
           the
           Kings
           Majesty
           sitting
           there
           ,
           as
           in
           his
           Royal
           Politick
           capacity
           ,
           &c.
           
           And
           if
           so
           ,
           then
           the
           Parliament
           dies
           not
           in
           all
           cases
           when
           the
           King
           dies
           :
           (
           and
           if
           this
           holds
           good
           in
           any
           case
           ,
           then
           surely
           in
           case
           of
           an
           Act
           to
           that
           purpose
           .
           )
           For
           though
           his
           person
           be
           dead
           ,
           yet
           his
           Royal
           Authority
           lives
           ,
           as
           is
           sufficiently
           evident
           by
           the
           Force
           and
           Authority
           of
           all
           our
           Laws
           till
           repealed
           by
           Act
           of
           Parliament
           .
        
         
           But
           besides
           ,
           it
           may
           thus
           farther
           be
           argued
           clearly
           .
           The
           Members
           of
           the
           two
           Houses
           of
           Parliament
           ,
           though
           many
           of
           them
           die
           (
           as
           oft
           times
           it
           comes
           to
           pass
           ,
           and
           't
           is
           possible
           they
           may
           all
           die
           by
           degrees
           before
           the
           Parliament
           rise
           )
           yet
           the
           Parliament
           is
           not
           dissolved
           ,
           because
           they
           are
           not
           now
           the
           very
           same
           individual
           persons
           that
           were
           chosen
           first
           by
           the
           Kings
           Writs
           of
           Summons
           .
           'T
           is
           sufficient
           that
           there
           have
           been
           new
           Writs
           issued
           forth
           from
           that
           House
           ,
           or
           Estate
           of
           Parliament
           whereof
           they
           were
           Members
           ,
           whereby
           new
           Elections
           ,
           &c.
           have
           been
           made
           ,
           and
           so
           other
           Members
           returned
           to
           supply
           the
           places
           of
           the
           dead
           ones
           .
           And
           if
           this
           be
           good
           in
           the
           case
           of
           the
           two
           Houses
           of
           Parliament
           ,
           &c.
           (
           which
           no
           man
           that
           understands
           Law
           ,
           and
           the
           usage
           of
           Parliaments
           will
           deny
           )
           then
           it
           is
           much
           more
           good
           in
           the
           case
           of
           the
           Kings
           Majesties
           Person
           :
           Whose
           Royal
           Estate
           and
           Authority
           is
           so
           evident
           ,
           that
           it
           is
           a
           declared
           ,
           undeniable
           Maxime
           in
           our
           Laws
           ,
           He
           never
           dies
           .
           So
           that
           what
           
           new
           Writs
           do
           legally
           for
           supply
           of
           the
           places
           of
           the
           dead
           Members
           to
           continue
           the
           Estate
           and
           Authority
           of
           the
           two
           Houses
           of
           Parliament
           :
           that
           ,
           and
           much
           more
           eminently
           the
           Kings
           immediate
           succession
           to
           the
           Crown
           after
           his
           Fathers
           ,
           or
           Predecessors
           death
           doth
           do
           ,
           by
           vertue
           of
           his
           Royal
           birth-right
           and
           Title
           of
           Inheritance
           .
           There
           being
           this
           grand
           difference
           ,
           between
           Members
           of
           Parliament
           dying
           ,
           and
           the
           King.
           They
           so
           die
           ,
           that
           their
           Authority
           cannot
           be
           revived
           ,
           but
           by
           new
           Elect●ons
           ,
           or
           Writs
           of
           Summons
           .
           But
           the
           King
           so
           dies
           ,
           that
           his
           Authority
           still
           lives
           by
           immediate
           succession
           .
           Whence
           it
           is
           that
           the
           Royal
           Seat
           is
           never
           vacant
           ,
           that
           there
           should
           be
           a
           failer
           to
           make
           good
           the
           Royal
           Actions
           of
           the
           Predecessor
           .
           And
           thus
           the
           third
           Estate
           in
           Parliament
           always
           Living
           ,
           
             the
             joynt
             power
             still
             continues
          
           ,
           and
           so
           there
           is
           no
           necessity
           the
           Parliament
           should
           dissolve
           ,
           as
           Mr.
           Prin
           affirms
           ,
           due
           circumstances
           and
           actions
           being
           weighed
           ,
           and
           the
           necessities
           of
           the
           Kingdom
           well
           considered
           .
        
         
           Fifthly
           ,
           Therefore
           by
           what
           hath
           been
           said
           already
           ,
           Mr.
           Prins
           fifth
           and
           last
           Argument
           must
           needs
           be
           out
           of
           doors
           ,
           which
           is
           this
           ,
           
             That
             because
             the
             end
             of
             Parliaments
             is
             to
             enact
             new
             Laws
             ,
             and
             repeal
             others
             ,
          
           &c.
           
             which
             cannot
             be
             done
             but
             by
             the
             Kings
             assent
             :
             And
             this
             Parliament
             being
             to
             be
             dissolved
             by
             an
             Act
             ,
             and
             an
             Act
             being
             now
             impossible
             to
             be
             made
             by
             that
             King
             for
             the
             dissolution
             of
             it
             ,
             he
             being
             dead
             ;
             therefore
             his
             Death
             must
             needs
             dissolve
             the
             Parliament
             notwithstanding
             this
             Act.
             
          
        
         
           I
           answer
           in
           the
           Negative
           ,
           In
           no
           wise
           .
           For
           though
           he
           be
           dead
           ,
           as
           aforesaid
           in
           his
           personal
           ,
           (
           which
           Mr.
           Prin
           seems
           to
           answer
           too
           weakly
           in
           his
           following
           objection
           )
           yet
           not
           in
           his
           Politick
           capacity
           .
           And
           therefore
           if
           the
           dead
           King
           cannot
           enact
           Laws
           by
           the
           Parliament
           ,
           yet
           his
           Successor
           can
           ,
           who
           comes
           immediately
           to
           the
           Crown
           after
           his
           Fathers
           death
           .
           And
           as
           hath
           been
           shewed
           ,
           't
           is
           no
           waies
           inconvenient
           ,
           but
           may
           many
           waies
           be
           advantageous
           to
           the
           Publike
           ;
           That
           should
           the
           King
           chance
           any
           waies
           untimely
           to
           be
           taken
           away
           ,
           the
           Parliament
           should
           continue
           after
           the
           Kings
           death
           .
           Whose
           death
           if
           it
           should
           necessarily
           ,
           as
           Mr.
           Prin
           affirms
           ,
           dissolve
           the
           Parliament
           ;
           so
           untimely
           a
           dissolution
           ,
           as
           the
           case
           might
           stand
           ,
           might
           prove
           very
           dangerous
           ,
           and
           pernicious
           to
           the
           Kingdom
           .
        
         
         
           Besides
           ,
           The
           Act
           doth
           not
           limit
           the
           Parliaments
           dissolution
           as
           lawful
           only
           ,
           if
           it
           be
           done
           by
           an
           Act
           of
           that
           King
           then
           living
           ,
           when
           the
           Act
           was
           made
           :
           But
           in
           the
           general
           it
           limits
           it
           to
           an
           Act
           of
           Parliament
           :
           that
           it
           shall
           not
           be
           dissolved
           but
           by
           an
           Act
           of
           Parliament
           .
           And
           why
           the
           Predecessors
           authority
           and
           consent
           should
           not
           be
           as
           binding
           to
           his
           Successor
           in
           this
           case
           ,
           till
           so
           dissolved
           ,
           as
           in
           case
           of
           any
           other
           Law
           made
           with
           his
           consent
           ,
           I
           would
           very
           gladly
           know
           a
           solid
           reason
           for
           it
           :
           Being
           that
           to
           all
           intents
           and
           purposes
           an
           Act
           for
           confirmation
           ,
           or
           dissolution
           may
           be
           as
           virtual
           and
           efficacious
           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
           se●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
           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
             leg●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
             ;
             ei●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
             is
             not
             call'd
             by
             any
             Writs
             of
             the
             Kings
             at
             all
             :
             But
             only
             by
             Writs
             ,
             as
             aforesaid
             ,
             in
             the
             name
             of
             the
             Keepers
             of
             the
             Liberties
             of
             England
             ,
             (
             and
             by
             those
             Writs
             ,
             none
             but
             the
             Commons
             )
             with
             whom
             they
             are
             summoned
             to
             consult
             too
             about
             the
             businesses
             of
             a
             Common-wealth
             ,
             (
             which
             these
             times
             have
             sufficiently
             taught
             us
             the
             meaning
             of
             )
             and
             not
             with
             the
             King
             about
             the
             arduous
             businesses
             of
             His
             Kingdom
             .
          
           
             These
             premised
             illegalities
             considered
             ,
             in
             reference
             to
             this
             present
             Parliament
             (
             the
             legal
             being
             and
             capacity
             ,
             as
             premised
             ,
             of
             the
             Long
             Parliament
             being
             supposed
             to
             be
             here
             totally
             waved
             )
             Whether
             is
             this
             a
             lawful
             Parliament
             ,
             and
             capable
             to
             make
             legal
             and
             binding
             Acts
             ?
             Or
             having
             been
             declared
             a
             lawful
             Parliament
             by
             an
             Act
             by
             themselves
             made
             since
             their
             Session
             with
             the
             Kings
             consent
             ,
             Whether
             can
             the
             Kings
             consent
             make
             them
             such
             ,
             though
             otherwise
             unlawful
             in
             their
             Call
             ,
             Principle
             ,
             and
             Foundation
             ?
          
           
           
             For
             I
             would
             put
             the
             case
             the
             King
             should
             have
             come
             in
             while
             Oliver
             ,
             or
             Richards
             Parliaments
             had
             been
             sitting
             ,
             (
             to
             which
             the
             Lords
             ,
             as
             now
             ,
             should
             have
             presented
             themselves
             without
             Writs
             of
             Summons
             )
             and
             his
             Majesty
             ,
             under
             that
             constitution
             ,
             should
             have
             consented
             to
             a
             Bill
             to
             grant
             them
             a
             lawful
             Parliament
             :
             Would
             that
             at
             all
             have
             made
             them
             so
             ,
             under
             such
             a
             Constitution
             ?
             Can
             that
             which
             is
             unlawful
             in
             it self
             ,
             and
             contrary
             to
             the
             Fundamental
             Constitutions
             of
             the
             Nation
             be
             made
             lawful
             barely
             by
             the
             Kings
             Consent
             ?
          
           
             Which
             if
             it
             shall
             be
             pleaded
             in
             the
             affirmative
             (
             though
             I
             very
             much
             question
             whether
             any
             understanding
             Lawyer
             will
             venture
             his
             reputation
             on
             it
             )
             I
             shall
             desire
             then
             to
             be
             instructed
             in
             a
             better
             Argument
             to
             make
             good
             the
             lawful
             being
             and
             authority
             of
             the
             Long
             Parliament
             .
             For
             surely
             ,
             if
             a
             Parliament
             be
             lawful
             meerly
             because
             of
             the
             Kings
             consent
             ,
             passing
             an
             Act
             to
             that
             purpose
             ,
             though
             otherwise
             utterly
             unlawful
             in
             its
             Call
             and
             Foundation
             :
             Then
             doubtless
             that
             Parliament
             is
             much
             more
             lawful
             ,
             and
             in
             its
             legal
             being
             that
             was
             founded
             upon
             a
             lawful
             Call
             ,
             and
             had
             the
             Kings
             consent
             to
             an
             Act
             to
             authorize
             it
             to
             continue
             till
             they
             dissolve
             themselves
             by
             an
             Act.
             And
             if
             that
             be
             still
             a
             lawful
             Parliament
             ,
             then
             I
             am
             sure
             upon
             that
             account
             this
             can
             be
             none
             ,
             nor
             no
             other
             ,
             till
             that
             be
             legally
             dissolved
             .
          
           
             To
             which
             there
             is
             this
             further
             to
             be
             added
             concerning
             the
             intentions
             generally
             of
             the
             whole
             Nation
             in
             reference
             to
             this
             Parl.
             by
             the
             best
             information
             I
             can
             gather
             :
             That
             it
             was
             never
             in
             the
             least
             meant
             that
             these
             should
             sit
             to
             pass
             Acts
             as
             a
             lawful
             Parl.
             (
             w
             ch
             was
             only
             like
             to
             prove
             a
             snare
             to
             the
             people
             as
             other
             Parl.
             of
             the
             like
             nature
             ,
             so
             call'd
             ,
             have
             done
             through
             the
             disputableness
             &
             unwarrantableness
             of
             their
             Authority
             .
             )
             But
             only
             ,
             that
             for
             the
             present
             necessity
             they
             might
             bear
             the
             face
             of
             Parliamentary
             Authority
             for
             preserving
             the
             Peace
             of
             the
             Nation
             till
             his
             Royal
             Majesty
             ,
             that
             now
             is
             ,
             might
             be
             happily
             restored
             ,
             (
             the
             Kingdom
             panting
             after
             him
             as
             their
             only
             means
             of
             settlement
             )
             and
             so
             soon
             as
             that
             was
             effected
             then
             to
             dissolve
             in
             order
             to
             the
             sending
             forth
             his
             Majesties
             Royal
             Writs
             of
             Summons
             for
             calling
             a
             Parliament
             according
             to
             the
             ancient
             Custome
             and
             Fundamental
             Constitution
             ,
             (
             the
             old
             Parliament
             being
             first
             legally
             
             dissolved
             )
             that
             so
             all
             things
             might
             return
             again
             into
             a
             legal
             and
             uncontrovertible
             way
             of
             proceedings
             ,
             to
             the
             quiet
             of
             all
             mens
             minds
             ,
             and
             satisfaction
             of
             the
             whole
             Kingdom
             ,
             who
             are
             sufficiently
             weary
             of
             the
             mischiefs
             of
             irregular
             actings
             by
             illegal
             Authorities
             .
          
        
         
           
             Conclusion
             .
          
           
             IF
             the
             power
             of
             the
             Sword
             ,
             or
             other
             arbitrary
             proceedings
             do
             not
             interpose
             to
             interrupt
             free
             debates
             ,
             and
             the
             course
             of
             Law
             and
             Justice
             :
             which
             the
             Author
             hopes
             there
             is
             now
             no
             cause
             to
             fear
             as
             formerly
             (
             all
             Estates
             and
             Degrees
             in
             the
             Nation
             having
             sufficiently
             seen
             the
             inconvenience
             ,
             and
             tasted
             the
             smart
             of
             such
             unrighteous
             actings
             )
             he
             doubts
             not
             (
             upon
             a
             serious
             consideration
             of
             the
             foregoing
             Arguments
             ,
             if
             men
             will
             lay
             aside
             passion
             and
             self
             Interest
             )
             but
             that
             right
             foundations
             will
             shortly
             again
             be
             restored
             ,
             that
             knowing
             our
             ground-work
             to
             be
             sure
             and
             unquestionable
             ;
             the
             Subjects
             of
             all
             sorts
             in
             the
             Kingdom
             may
             with
             all
             safety
             and
             cheerfulness
             submit
             too
             ,
             and
             act
             under
             the
             lawful
             powers
             in
             being
             ,
             every
             one
             sitting
             in
             Peace
             under
             his
             own
             Vine
             and
             Fig-tree
             ,
             blessing
             the
             God
             of
             his
             Salvation
             :
             Which
             is
             daily
             the
             Authors
             earnest
             and
             most
             hearty
             prayer
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A36519-e190
           
             See
             his
             true
             and
             perfect
             narrative
             of
             what
             was
             done
             and
             spoken
             by
             and
             between
             Mr.
             Prin
             and
             the
             old
             ,
             and
             newly
             forcibly
             secluded
             members
             ,
             beginning
             fol.
             24.
             and
             so
             forwards
             ,
             Printed
             in
             the
             year
             1659.
             
          
           
             See
             Sir
             
               Edw.
               Cook
            
             in
             his
             third
             part
             of
             Instit
             of
             the
             High
             Court
             of
             Parliament
             ,
             how
             the
             Lords
             give
             their
             Voyces
             ,
             Pa
             35.
             
          
           
             See
             Sir
             
               Edw.
               Cook
            
             the
             third
             part
             of
             his
             Institutes
             of
             the
             H●gh
             Court
             of
             Parl.
             of
             the
             power
             and
             Jurisdict
             .
             of
             the
             Parl.
             fol.
             36.
             who
             saith
             ,
             That
             the
             Power
             and
             jurisdiction
             of
             the
             Parl.
             for
             making
             of
             Laws
             ,
             in
             proceeding
             by
             Bill
             ,
             is
             so
             transcendent
             and
             absolute
             ,
             as
             it
             cannot
             be
             confined
             either
             for
             causes
             or
             persons
             within
             any
             bounds
             ,
             &c.
             
          
           
             Vide
             Postscript