Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	council_n	parliament_n	privy_a	2,717	5	9.7040	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44192	Some considerations upon the question, whether the Parliament is dissolved by it's prorogation for 15 months?	Carey, Nicholas.; Holles, Denzil Holles, Baron, 1599-1680.	1676 (1676)	Wing H2467; ESTC R3362	16,176	27

please that being piescribed by no Statute and only depending upon the law and custom of parliaments and has been invaded by a more dangerous president than any other point of the law and custom of Parliament has been Hen. 4. the first day he came to the Crown summons a parliament by writ to the Sherffe returnable the 7. day he durst not venture upon a parliament discontinued and so disolved by the resignation of Ri. 2. though they assembled but the same day that his writtes went out for a new and notwithstanding they were such men as he planly approved of yet new writs of Sumons and a new return of the Sherifs was thought Essential at that time To all this is objected that Ano. 33. of E. 1. the parliament was dismised the 21. of March without limiting any day certain and it doth appear that an order was made in pleno parliamento on the 6. of April following so that the same parliament dismissed sine die was recalled and sat again Ryley 240. 279. 282. To this is answered that this record will not be of validity to change our Laws and constant practice of parliaments ever since they were setled The Original Book in the Tower of which Riley is a copy was but extracts out of the close Rolls and some parliament Rolls since lost and a mistake in trancscribing the date of the record may very easily happen for that the former leave given was a disolution is eviedent becase the members of the house of Commons tooke out there Writ for Wages whith in those times was never taken out till after the Parliament was dissolved And if to be dismissed sine die be a disolution the question is gained and is matters not much whether this be an Order of the Prelats and Temporal Lords with advise and assistance of the privie Council and Judges for these were all ordered in the dismision to stay behind and attend And the words in pleno Parliamento might be inserted to distinguish it from an Act of the privie Council alone which is the more probable both because the nature of the Order is such as the Kings Counsel alone could have made and the distance of time from the 21th of March to the 6th of April was too short for a recealing of the Members and too long to suppose them to have continued of themselves neer the Court and within call Or whether the king did call the same Parliament after a dissolution which the same king had don in the 28 year of his raign and his son Ed. 2. did in the ninth year of his Both which were upon a pretence to advise with him and we have no lawes extent of their making for this does but argue That the 〈…〉 parliaments were not yet fully settled haveing suffered lately in the end of H. 3. time a great alteration and this vigorus and might prince Edvv. 1st was attemping to extend his prerogative so that we have other presidents of a like nature as the summoning of one Knight for every County and one Citizen and one Burgess for every City and Burrough But both these and the former prsidedents have been long since condemned and fully settled on the peoples side this latter 21. Ed. 3. Num. 16 17. confirmed 51. E. 3 N. 25. And the former the 50. E. 3. Numb 177. Item prie lee commune que pleite Establier per Statute in ceste present Parliament que chescun ann soit tenus un Parliament de faire correccions en Royalme des errors fauxetees Si null y soynt troves que les Chevaliers des Countees pur celles Parliaments soyent eslus per Commune Election de les meilleur gents des dit Countees Et nemy certifie per le Viscount Soul sans diu Election sur certeine peine Res. Endroite diu Parliament chescun anne il y dyent Estatutes Ordinances faits les quex soyent dament gardes tenus Et quant al article del Election des chevalier qui vendroient a Parliament le Roy voit quils soynt Eslus per commune assent de tout le Countee This Record is worth the Observing it has not only setled the point that our Kings could not have the same Parliament after dissolution or being sent home returned again upon his Summons or Writs to the Sheriffs but settles that the people of England ought not only to have a parliament every year but a new Choise To conclude this Objection Let it be considered how weak a proof the date of this Order is in so great a point to prove a parliament recalled after a dismission sine die would require Journals of their sitting Writs by which they were summon'd or for wages or Acts which were allowed to be in force and of such a nature as none but a Parliament could do none of which are in this case VI. If the Prorogation be void the Parliament not sitting nor can subsist sine die then the last point is That it must be Dissolved It will be hard to find a president of a parliament that was neither Sitting Adjourn'd Prorogu'd or dissolv'd this is none of the three former and therefore must be the latter viz. Dissolved If the Parliament be not sitting nor can subsist sine die and the prorogation be null and void then what shall bring them together again the 15 of February It is very true the king has issued his Proclamation for that purpose but proclamations are Acts of Grace to notify and promulgate to the Subjects the Laws that are that they may be kept and observed but they cannot alter the Law or any proceedings in Law VVhen was there a parliament prorogued by proclamation was not that always done by Commission and a Proclamation served only to give the people notice o● the Kings pleasure to order their occasions accordingly In the beginning of the late troubles the king by proclamation adjourned the Courts at Westminster to Oxford without any Writ of adjournment and since the Return of his Majesty in an Affize brought by Sir Edvvard Heath against Mr. Pagit for the Office of Custos Brevium of the Court of Kings Bench It was declared in the Court of Kings Bench That those Courts at Oxford were coram non Judice and all their proceedings void and nothing hath been legal of their proceedings ever since At the time of the Chatham Invasion the Parliament stood prorogued to the tenth of October 1667 whereupon the king issued out a proclamation to summon them to meet the 25th day of Iuly at their Meeting the king told them That he had summon'd them vvhen he vvas under an exigence vverein he thought not fit to rely on less Counsel than theirs And the truth is they were universally looked upon as a Council not a Parliament And my Lord keeper in his Speech on the 10th of Ostob. 1667 told them It vvas a doubt by grave and vvisemen vvhether or no they could sit and act as a Parliament before that