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A78247 The Long Parliament is not revived by Tho. Philips. Or, An answer to Tho. Philips his Long Parliament revived. By R. C. R. C. 1660 (1660) Wing C107; Thomason E1050_8; ESTC R208160 5,306 9

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which revives the Long Parliament and yet affirms it not dissolved whereas if it had not been dissolved it could never be revived and a man may as well dispute thus as our Author does No man ought to do violence upon or kill himself but by his own consent and that if a man does violate or kill himself or be violated or killed by another contrary hereunto such force shall be utterly voyd and of none effect therefore every man shall live though he kill himself or be killed by another which I think no man in his wits will affirm The LONG PARLIAMENT dissolved and dead never to be revived IT is not worth upon so mean an occasion to declare the Principles of Power from whence Humane Laws are derived and what creates them obligation Or whether effects or accidents of Power can create any alteration or obligation upon that Power As if Laws made be derogatory to the Power that made them For example if by an Act of Parliament the Crown of England were aliened against the Right of Succession or that it should hold of the Pope or any one else or that there be not sufficient Means left to the King to protect his Subjects for Salus Populi suprema Lex Neither will I dispute at what time Laws and Acts of Parliament take place But that Civil Lawes take not place alwaies is evident for inter Arma silent Leges Or who shall plead the benefit of them as whether any man can plead the benefit of Law for Treason Inst 3 9. Felony or Breach of Peace And whether since no Subject can levy Arms without Treason but by Authority of the King The Long Parliaments raising Arms against the King did not justly invalidate all benefit they could claim by vertue of this Act or any other Law I shall endeavour to shew three things 1. Whether the Long Parliament be totally dissolved 2. Whether in the ordinary nature of things it can be revived And lastly Whether the Members have any just cause to complain But that we do not lose our selves in obscurity as our Author does we will first define our terms and so set down our Notions as to be so understood as any man may reject or deny any thing herein First then A Parliament is a Politique Body compounded not of three States as our Author would of King Lords and Commons but of heterogenial or dissimular parts viz. the King the Principium Caput Finis of it and of the Lords Spiritual and Temporal one distinct House and of the House of Commons another distinct house both which houses are convened and created by the Kings Writ Inst 4. p. 1 4. Sir Edw. Coke cals them Conventus Sapientum Inst 4. p. 2. Now all Conventions and Assemblies whatsoever are either regular or irregular All regular Conventions and Assemblies do proceed from and may be reduced into one just and certain Principle which causes and creates those Assemblies but all other Conventions and Assemblies which do not proceed from one certain just Principle are rather Commotions or Routs than Assemblies These regular Conventions and Assemblies are so either potentially or actually potentially two waies either when a rightful power constitutes any company of men to meet at time and place these men thus impowered have by right a power of convention and assembling at such time and place or else after they be convened either by the power which first convened or by themselves they adjourn or prorogue to some certain time or place and for want of such proroguing adjourning or covening all such Conventions are totally dissolved because their Conventions did not proceed from a certain and just Principle which might create them Or actually when such regular Assemblies are actually convened by vertue of a just authority impowering them the two Houses therefore being the Convention and Assembly which united to the King the Head of them rightly convened by vertue of the Kings Writ and after prorogued or adjourned either by the King or themselves to meet at a certain time and place do continue such Conventions otherwise they may meet in Riots and Routs in regular Assemblies they cannot 1. Now would I fain know when the two worthy Speakers deserted their Speakerships and run from the House to the Army and joyned with them against the remaining part of the Members they did prorogue to a certain time and place wherein they did convene by vertue of such Adjournment Or whether there were then two Parliaments in being which our Author so abominates one at Westminster another in the Army and whether when the Lower House retained nothing but the Rump and having turned the remaining part of the Lords who had before excluded by like means 3 times the number of themselves who had as good Title as themselves to sit there four times their own number out of themselves were a rightful Assembly duely convened in time and place if they were then may a part be equal to the whole and the Speaker joyned with Henry Martin and Titchbourn and his Majesties Sergeants Glin and Maynard since Knighted may yet be a rightful Parliament But if it be true that Formae rerum sicut numeri consistunt indivisibili and that the aggregate body of a Parliament consists of both Houses duly convened in time and place then if either be not rightly Assembled actually or potentially the whole is utterly dissolved much more when neither are so as the case now stands with us 2. The Houses thus dissolved I would now know what power can revive them it must be either they themselves or the King If it be themselves what hinders them from convening yet I believe our Author will hardly perswade the Speaker and Lord St John to make two if they the world be satisfied such Convention be just and regular If it be by the King it must be either Legally or Arbitrarily If Legally the King must revive it by vertue of some Act of Parliament or by Common Law If by Act of Parliament it must be revived let our Author or any one else shew it If by Common Law then let him or any one else shew any President for a Kings reviving a Parliament and I will presently yield the cause So I am quit with him for his Answer to Mr. Prin's first Objection But if the King do it and yet neither by Act of Parliament nor Common Law then must it be done by an Arbitrary Power which is every whit as dangerous as his Conclusion King Charles upon the death of King James asked Sir Edw. Coke whether he might not continue or rather revive the Parliament dissolved by his Fathers death he answered negatively because Parliaments could not be convened but by the ancient and usual Form which this was not 3. But because it is objected that though the Houses be dissolved yet are they not legally dissolved and so violently done And great Crime this I pray who did or who may complain Did not the Members all but the first persecuted from their first beginning abuse all the Kings Grants and Favours to his own and Loyal Subjects prejudice Did not they themselves turn out one another from the Contents unto the end of the Chapter until there was scarce any of either House none of the Lords to turn out And if no Fool or Mad man shall in Law complain against his own Act for volenti non fit injuria then the Members have no reason to complain of their usage to one another and of dissolving of themselves and the Nation is so far from complaining that I believe with a bitter sense they wish they had never been But suppose the King might revive them yet if he might do it then he might not and might chuse whether he would or not And can any man in his wits believe the bitter sense of his Fathers death and his own his Mothers and Brothers and Sisters suffering by them would not divert him from such an intention unless he did desire to have the Tragedy revived again upon himself and Family and all his Loyal Subjects who after so many storms of their unjust suffering for their Conscience may reasonably hope through Gods Blessing for the future to be protected by his Majesties peaceable Government from them which upon the reviving of the Long Parliament they could not reasonably hope FINIS