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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A82277 The definition of a Parliament or, A glosse upon the times. 1643 (1643) Wing D827; Thomason E85_33; ESTC R9593 4,383 8

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THE DEFINITION OF A PARLIAMENT OR A Glosse upon the Times Jan 21 LONDON Printed for J. F. 1642. The Definition of a Parliament I Must entreat the Readers patience whil'st I present unto him a ruffe drawne Mast of the jurisdiction of the high Court of Parliament And in doing it I shall imitate a Lands Cape first shew it you remote and in its primitive times scarse discernable whether Land or no Land whether a Parliament or no Parliament then we shall sayle neerer untill we come within certain cognizance of our own times nay to this present and then if we Shipwrack in the haven if having bin befriended in the course of our Navigation by our failes we shall split in our anchor I mean if in the computation of all times we have had a Parliament unquestionable in substance in form in all necessary adjuncts and now in our own time even at this present when ecclipsed justice like the sun imprisoned under a cloud breaks out with lustre be concluded in defect of judicature I shall say the stars have had malignant aspects in our Horizon But first I shall do my best endeavour to satisfie them that hold the House of Lords to be only interressed so that the House of Commons might be thought to make an inrode upon their priviledges and be pregmaticall without president though not without presumption Let those know that anima est tota in toto tota in qualibet parte and judicature is the soule of this great compacted body the times were when both Houses sate in one place and had one Speaker and since the power of judicature must be founded upon a preparatorie impeachment and this preparatory impeachment must be fram'd by the Commons House we must justifie them not guilty of the Title of fools by the wiseman to lay a foundation and never consider by what means the structure is to be finished nay excuse them from that generall Remonstrance of a generall grievance extravidiciall proceedings The Lords are under his Majesty the chief but the Commons must be admitted for Members and the helpe of those doth much advantage the preservation of the whole compound nay on the contrary the Gout is as mortall as the Head-ach Besides the Commons commenc'd proceedings against the parties impeached of high Treason though seasoned with much moderation and temper are of ripe age and blush to be kept in long Coats though now unhappily suspended by reason of unfortunate intervening occasions and now by reason of a mis-interpreted rumor of their jurisdiction which is by some drawn into question Let it be proclaimed on their behalf to all the world that facts of Treason are above the cognizance of ordinary reason and sometimes above the punishment of the Laws and Statutes of this Kingdom and yet never above the power of a Parliament And it being in my apprehension out of dispute that the Commons are deeply interrested in that particular of judicature I shall survey that high Court of Parliament Parliament did I say from what Radix Parler le ment to speak ones mind This must be attended with judgement and reason but surely the House of Commons speak with none of them if they be not able to maintain their jurisdiction and know not their own power this is its Etymologie which is warranted by the best Antiquarie of his time Vetusto nomine e Gallia mutata Parliamentum dicitur This high Court hath not bin confin'd to this individuall appellation but hath bin christened by severall God-fathers Majores nostri Anglo Saxones intitled it Prudentum Conventus concillium magnus conuentus succeeding Historiographers Commune concillium Curia altissima Generale placitum commune totius Regni concillium presentia Regis But certainly if they intended these flourishing Titles to a Parliament without judicature they spoke of their riding to Parliament not sitting in it an unhappy Parliament like the City Myndas whose gates were so wide that the City might run out of them To allow these to be Synonia's of Parliament and to disallow judicature were but Jewish like to say all haile King of the Jews and in the mean time crucifie him Mulmuccius of some called Donwallo did writ two books of the Laws of the Brittains the one called Statuta Municipalia the other Leges Judidiariae for so the same do signifie in the Brittish tongue which is as much to say as the Statute Law and Common Law wch books were written 441 yeers before the incarnation of Christ and how should there be Statute Laws without a Parliament King Alfred ordained for a perpetuall usage that twice in the yeer or oftner if need be they should assemble themselves at London to treat in Parliament of the government of the people of God how they should keep themselves from sin live in quiet and receive right by holy Laws and judgements In the Heptarchy the Parliaments had their continuance witnesse the Stile of Parliaments in the time of Ina King of the West-Saxons Ego Ina dei gratia c. Congregatione servorum dei c. Constitui rectum conjugium justa judicia pro stabilitate c. Et nullo Aldermano vel alicui de toto regimine nostro liceat conscripta abolere judicia So did Osfa King of the mercians and Ethbert King of Kent In the Raign of King Ethelston his Acts of Parliament are stiled thus Haec sunt judicia Exoniae quae sapientes consilio Ethestam Regis instituerunt iterum apud Frefresham tertia vice apud ubi haec definita simul confirmata sunt Here I find a Parliament summon'd concillia Regis prorogued in those words iterum tertia vice the royall assent in those words confirmata sunt and the dissolution in those words definita simul The Parliament of King Canutus at Winchester bore this Title Haec sunt Statuta Canuti Regis Anglorum Danorum Norvegarum venerando ejus sapien●em concillio habita in Sancto natali Domini apud Wintonian Here we begin to make Land and descrie a visible Title to a Parliament being in substance and form neerly allyed unto the presidents of these very times In one word time out of minde this high Court and its Judicature hath flourished before the Conquest in the Conquest although silent leges inter arma and ever since the Conquest untill this present houre Bu● now some may say to me what need you waken so many sleepy Records to prove that Parliaments have been who is it of so desperate an opinion that offers it in question truly I cannot name him or them but whosoever they were that enstilled this jealousie of Judicature into His MAIETIES thoughts did ipso facto subvert Parliaments and the undoubted rights thereof Arictotle bids us not to dispute utrum nix sit alba and the like visible and apparent truths but if any man of an obdurate judgement would have denied that there was anima rationalis then Aristotle must have proved there