Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	according_a	answ_n	answer_v	46	3	5.3923	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91207	A legal vindication of the liberties of England, against illegal taxes and pretended Acts of Parliament, lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended Act of some Commons in (or rather out of) Parliament, April 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon England, Scotland and Ireland, Jan. 26. 1659 by a fragment of the old Commons House, ...	Prynne, William, 1600-1669.	1660 (1660)	Wing P3998; Thomason E772_4; ESTC R207282	74,956	90

without the Commons vote because a Peer of the Realm the practice of expelling Commons by their fellow Commons only being * a late dangerous unparliamentary usurpation unknown to our Ancestors destructiue to the Privileges and Freedom of Parliaments and injurious to those Counties Cities Boroughs whose Trustees are secluded the House of Commons it selfbeing no Court of Justice to give either an Oath or final Sentence and having no more Authority to dismember their fellow-Members than any * Judges Justices of the peace or Committees have to disjudge dis-Justice or discommittee their fellow-Judges Justices or Committee-men being all of equal authority and made Members only by the Kings Writ and peoples Election not by the Houses or other Members Votes who yet now presume both to make and unmake seclude and recall expel and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle instead of an English Parliament Therefore this Objection no waies invalids this first Reason why I neither can nor dare submit to this illegal Tax in conscience law or prudence which engage me to oppose it in all these Respects If any Object That true it is the Parliament by the common Law and Custom of the Realm determines by the Kings death but by the Statute of 17 Caroli c. 6. which enacts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues the Parliament still in being notwithstanding the Kings beheading since no Act of Parliament is passed for its dissolution The only pretext for to support this continuance of the Parliament since the Kings violent death To this I answer That it is a Maxime in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefs is intended only to prevent as is resolved in 4 Edw. 4. 12. 12 Edw. 4. 18. 1 H. 7. 12 13. Plowd Com. fol. 369. and Cooks 4. Instit. p. 329 330. Now the intent of the Makers of this Act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no wayes intimated nor insinuated in any clause thereof being a clear unavoidable dissolution of it to all intents not provided for by this Law but by any Writ or Proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these Reasons First From the principal occasion of making this Act. The King as the COMMONS in their * Remonstrance of the state of the Kingdom 15 Decemb. 1641 complain had dissolved all former Parliaments during his Reign without and against both Houses approbation to their great discontent and the Kingdoms prejudice as his Father King James had dissolved others in his Reign and during their continuance adjourned and prorogued them at their pleasure Now the fear of preventing of the like dissolution prorogation or adjournment of this Parliament after the Scotish Armies disbanding before the things mentioned in the Preamble were effected by the Kings absolute power was the only ground and occasion of this Law not any fear or thoughts of its dissolution by the Kings untimely death then not so much as imagined being before the Wars or Irish Rebellion brake forth the King very healthy not antient and likely then to survive this Parliament and many others in both Houses judgement as appears by the Bill for triennial Parliaments This undenyable Truth is expresly declared by the Commons themselves in their foresaid Remonstrance Exact Collection p. 5 6 14 17. compared together where in direct terms they affirm The abrupt dissolution of this Parliament is prevented by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion only which was so necessarie for the Kings own security and the publick peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine In which passages we have a clear resolution of the Commons themselves immediately after the passing of this Act that its scope and intention was only to provide against the Kings abrupt dissolution of the Parliament by his mere royal power in suspending the execution of it for this time and occasion only and that for the Kings own security not his Heirs and Successors as well as his peoples peace and safety Therefore not against any dissolution of it by his natural much lesse his violent death which can no waies be interpreted an Act of his Royal power which they then intended hereby not to take out of the Crown but only to suspend the execution of it for this time and occasion and that for his security but a natural impotency or unnatural disloyalty which not only suspends the Kings power for a time but utterly destroys and takes away him and it without hopes of revival for ever Secondly the very title of this Act An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning proroguing or DISSOLUTION of this present Parliament intimates as much compared with the body of it which provides as well against the adjourning and proroguing of both or either Houses without an Act of Parliament as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prorogued in any way or sense much lesse untimely merely by the Kings death which never adjourned or prorogued any Parliament but only by his Proclamation writ or royal command to the Houses or their Speakers executed during his life as all our Journals ¶ Parliaments Rolls and * Lawbooks resolve though it may be dissolved by his death as well as by his Proclamation Writ or royal command And therefore this title and Act coupling adjourning proroguing and dissolving this Parliament together without consent of both Houses by Act of Parliament intended only a Dissolution of this Parliament by such Prerogative waies and means by which Parliaments had been untimely adjourned and prorogued as well as dissolved by the Kings mere will without their assents not of a dissolution of it by the Kings death which never adjourned nor prorogued anie Parliament nor dissolved any formerly sitting Parliament in this Kings reign or his Ancestors since the death of King Hen the 4th and King James the only Parliaments we read of dissolved by death of the King since the Conquest and so a mischief not intended nor remedied by this Act Thirdly The prologue of the Act implies as much Whereas great sums