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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A87528 A discourse touching the inconveniencies of a long continued Parliament. And the judgement of the law of the land in that behalfe. / By David Jenkins now prisoner in the Tower of London. Jenkins, David, 1582-1663. 1647 (1647) Wing J590; Thomason E392_30; ESTC R201584 6,068 12

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A DISCOURSE Touching the Inconveniencies of a Long continued Parliament AND THE IVDGEMENT OF THE LAW OF THE LAND In that Behalfe By DAVID JENKINS now Prisoner in the Tower of LONDON June 17th Printed in the Yeare 1647. A DISCOURSE Touching the Inconveniencies of a Long continued Parliament 1. A Perpetuall Parliament is repugnant to the Act made this Parliament for a Trienniall Parliament for how can every three years a Paliament begin if this be perpetuall which may be so if the two Houses please 2. An adjournment of the Parliament makes no Session 4 Pars Institut fol. 27. Howbeit before the Adjournment the King gives His Royall assent to some Bills Cooke ibid. 3. There is no Session till a prorogation or dissolution of the Parliament 4. This Parliament as appeares by the Act for not dissolvirg thereof set downe in the Printed Statutes of this Parliament fol. 138. cannot be prorogued but by Act of Parliament There hath beene as yet no Act of Parliament present and therefore all the Acts of this Parliament are Acts of one Session 5. All the Acts of one Session relate to the first day of the Parliament Plowd com 79 35 H. 8. Bro. relation 35. Bro. Parl. 86. Dier 1 Mariae 45. and all the Acts of such a Parliament are Acts of one day so the Act for the Trienniall and the Act for this Perpetuall are two Acts of one day by the Law 6. 4 Ed. 3. cap. and 36 Ed. 3. cap. 10. A Parliament is to bee holden once every yeere and more often if need shall bee those Acts are confirmed by the Act for the Trienniall Parliament How doth a perpetuall Parliament agree with a Parliament once every yeere or with the intention of those Lawes How doth a Parliament every three yeers agree with a Parliament for ever which may be if the two Houses please 7. The result is this at one day in Law this Parliament two Acts have passed for howbeit the one was in 16 Carol. and the other in 17. Carol. yet both in Law are Acts of one day the one saith there shall be a Trienniall Parliament after the end of the sitting of this Parliament The other this Parliament shall sit for ever if they please The one will have a Parliament with an end the other a Parliament without an end When an Act of Parliament is against common right or Reason 8 Pars Doct. Bonhams case fol. 118. 8 Ed. 3.30 33 E. 3. cessavit 32. 27. H.G. Annuity 41. 14 Eliz. Dier 313. or repugnant or impossible to bee performed the Common Law shall controle it and adjudge this Act to bee void they are the words of the Law An Act of Parliament that a man shall bee Judge in his owne-cause is a void Act. Begin with Common Right It is against Common Right that indebted men should not pay their debts That if any Member of the House of Cōmons doe any Subject wrong by disseising him of his land or dispossessing him of his goods or blasting of his fame or doing violence to his person that such persons during their lives should not bee questioned by a priviledge of Parliament and that extended also to many others besides themselves Common Right doth abhorre these enormities which a perpetuall Paliament doth beget besides the utter destruction of all mens actions reall personall or mixt who have to doe with Parliament men 21 Jac. by the Statute of Limitation which confines suits to certain yeares For Common Reason Parliaments were ordained for remedies to redresse publike grievances It is against Reason they should make publike and insufferable grievances The Law of the Land allowes no protection for any man imployed in the service of the Kingdome but for a yeare to be free from suits and in many suits none at all howbeit hee be in such service 39 H. 6.39 but a Parliament perpetuall may prove a protection not for a yeare but for ever which is against all manner of Reason For Impossibility The death of His Majesty whose life God prolong dissolves it necessarily For the Writ of summons is Carolus Rex in hoc individuo and Carolus Rex is in this particular Habiturus colloquium tractatum cum Prelatis proceribus c. 2 H. 5. Cooke Title Parliam 3. pars King Charles being to have Conference and Treaty with his Prelates and Peeres Carolus Rex cannot have Colloquium tractatum Conference and Treaty when he is deceased and therefore it is impossible for any Parliament to continue as long as they please as for a Parliament to make a dead man alive For Repugnancie That which is but for a time cannot be affirmed to have continuance for ever it is repugnant The end of the Act of 17. Caroli Regis which is to continue at pleasure is in the said Act expressed to be to raise credit for money for these three purposes First for reliefe of his Majesties Army and people in the North. Secondly for preventing the iminent danger of the Kingdome Thirdly for supply of other His Majesties present and urgent occasions These ends are ended the reliefe of that Army the iminent danger supposed was sixe yeares agoe the supply of His Majestie hath beene a supply against him take away the end the meanes thereto are to no purpose take away the cause the effect ceaseth and therefore the three ends of this Act being determined Sir Anthony Mayns case 5. pars 1 H. 4.6 Littl. cap. Villen it agreeth with Law and Reason the Act should end the Law rejects things unprofitable and uselesse A perpetuall Parliament besides that it incites men to selfe-ends destructive of the publique of which the whole Kingdome hath had sufficient experience wil be a constant charge to the Kingdome for that every County and Borough who send Members to the Parliament are by the Law to pay wages to their Parliament men which to many Counties will amount above some Subsidies Yearely There are many poore Borough-Townes in each County of this Kingdome who being to maintaine two Burgesses in Parliament will be quickly begger'd if the Parliament have no end for all which reasons it is cleare that such long continuance of Parliaments will instead of a remedy which is and ought to be the proper and true end of Parliaments become an insufferable grievance and oppression to all the People of the Land The Writ of Summons this Parliament is the basts and foundation of the Parliament If the Foundation be destroyed the Parliament fals The Assembly of Parliament if for thre purposes Rex est habiturus colloquium et tractatum cumpraelatis magnatibus et proceribus super arduis negotijs concernentibus 1. Nos 2 Defensionem regni nostri 3. Defensionom Ecclesiae Anglicanae This Parliament hath overthrowne this Foundation in all 3 parts 1. Nos the King they have chased him away and imprisoned him they have voted no prelats and a number of other Lords about 40. in the City must