Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	call_v	day_n	lord_n	5,264	5	4.0504	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55894	A seasonable question, and an usefull answer, contained in an exchange of a letter between a Parliament-man in Cornwell, and a bencher of the Temple, London	Parliament-man in Cornwall.; H. P., Bencher of the Temple.	1676 (1676)	Wing P35; ESTC R5471	14,823	24

dispence with the certain appointed sitting of this Judicature he can lawfully say the wrongs that I and my great Ministers too bigg for other Courts shall do to the people shall never be heard or Judged but at my will their complaints shall not be admitted once in 50. years nor till domes day unless I please If our men of the Robe will maintain such a dispensing Power in the king with the statutes in question they must say that the king may by law prevent and defeat the last results of Justice and null the highest Court of Judicature founded on the common law and let them tell me why he may not by the same right and reason despence with the lawes whereby all the inferior Courts of Judicature now fits or adnull the Courts themselves and throw all things into a confused Chaos where the strongest shall injoy every thing Upon these Premises I may dare to conclude That the laws for holding a Parliament every year stand firm and immutable untill an undobted parliament shall repeale them by some express words and that the prorogation can never be reconciled to those lawes or be helped by any power of the kings to despence with them but must be Judged inconsistent with the lawes that are of the essence of our government having actually defeated the execution of them and therefore ought to be holden for nothing and the day appointed for your meeting to be no day for that purpose in the sence of our law Supposing then that I having hitherto rightly concluded the question will be Whether the kings dismission of the parliament without any day set for their return and their continuing so beyond the year be a dissolution Ill tell you Sir the method of my thoughts upon this Question that I might not be couzened with words nor intangled in trifling disputes about them I first consider whether dissolving a Parliament were a term of art in our law and ought to have some peculir sence gained by the use of it in the law But finding it used only in its vuilgar sence I perceived it signified to break off or put an end to a Parliament and all their business and authority so that a dissolution may be made without the king or Lord Chancellors saying you are hereby dissolved The force of the law or custom of England may put an end to a Parliament Of old the finishing the business of the people for which they were called did dissolve them See the ancient Modus tenendi Parliamt The custom was that when all the petitions for relief against grievances were dispacthed proclamation was made demanding if any petition were yet unanswered and if there was none the parliament forth with departed this was the naturall death or dissolution of a parliament but if the king did command the Lords and Commons to depart before they had suffitiently consulted about the state and defence of the king and Kingdom and set up-up-day for their return that was the voilent death of a Parliament and I doubt a violence to the kings conscience But it was usuall for the kings to dissolve Parliaments either by leave or command given them to depart fixing no day for their return so testify the Antient Rolls of the 37. Ed. 3. n. 38. and 38. Ed. 3. n. 31. 40 Ed. 3. n. 16. 45. Ed. 3. n. 13. 50. t is by force of law that the writ of sumons to Parliament abates or becomes void by the kings naturall death and the Parliament is thereby dissolved Upon the same reason a failer of some circumstance as the naming such a time as the law allowes to which it is adjourned the holding and continuing a parliament if Judged necessary by the law for preserving both the form and substance of the Government I say such a fayler in time onely may by Act of law dissolve a parliament even against the will of the king and if such a failer happens if the king should step out of the form of the law to revive a parliament it would alter the whole Government by owning a power in the king to vest in such as he please the legislative power out of the form of the law In making a parliament the king hath his power from the law to summons and the form wherein only he can exert that power And the Elected have their power from the people by the writ of the law what to do and consent to on their behalf at the time and place then mentioned as the writ says tunc jbidem and these powers must by the law be strictly and punctually persued and nothing less than an Act of parliament can help any defect or failer in persuance of these powers if the Parliament then meet as the law requires if they fayl to be continued in the form of the law then by the Act of law they are dissolved not being able to create to them selves a day or time which will not agree with the returnes to the writ of summons by which their Masters impowred them to consent on their behalf Neither is this a nicety or quirk in law but a form essentialy necessary to preserve our liberties If the representatives trusted for the people to do and consent for them at the time and place mentioned in the lawfull writ after a fayler of continving their trust as the law directs pceede to Act as a parliament they must do it without any appointment or power given them from the people in any form of law and in the appearance and Judgment of the law without any Authoritie and if they might do it after fayler of a legall continuance one year they may do it after 20 years and because they were once commissioned by the people to represent them in one parliament they should therefore make themselves Lords of the people and of their Laws Lives and Liberties for ever and admit whom they please as some have done heretofore into their society and if it should be admitted that any number of men might exercise a share of the legislative power without evidence in law upon record that they were thereunto first sufficiently authorized and therein legally continued it would give a fatall stroak to the Antient English government and all its lawes and liberties Sir from these principles I tell you freely my opinion That the parliament is dissolved having been dismissed or commanded to depart without a day to return within the time that the Laws require a Parliament to be holden and that time also lapsed since their dismission I think it not material in the case what words the Lord Chancellor said when he dismissed them If he said you are prorogued or you are dismissed or you are sent home or you must be gon 't is all one I mind what was really done you were in substance and sence of the words commanded to dissolve your Assembly and you were told that all the business before you was at an end as if it had not