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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44189 The Long Parliament dissolved Holles, Denzil Holles, Baron, 1599-1680. 1676 (1676) Wing H2463; ESTC R7214 14,305 24

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it so yet still it were but as broad as long for a prorogation sine die is nothing but a dissolution neither for there is no other sine die in Nature but that so that look which way you will whether on the Prorogation of the fifteenth of February or a Dismission sine die the Law shews you nothing but Death and you love to be Members of Parliament a great deal better than we if you will adventure your Lives and Fortunes to sit after the Lavv hath put a Dissolution on you Edvvard the Fourth held a Parliament the eighth day of April in the thirteenth year of his Reign which he prorogued to the sixth of October following but being desirous to call them sooner if the urgency of his affaires should require it no other expedient could be found to enable the King to do it but by a special Act of Parliament to adjorn them to that time and yet if occasion did require to summon them sooner which Act was made with that caution and legal formality that in the very Record of that Prorogation there is a Salvo for the Act of Parliament and the Act it self recited in haec verba an the Record Rot Parl. 13 Edw. 4. Cap. 47 Item codem octavo die Ap●ilis post gratiasreditas ex parte dicto Domini Regis ejus mandato per venerabilem P●●re Willm Bathon Wellen Episcopum Cancellarium praefact is Dominis omnibus tunc ibidem presentibus de eorum bonis diligentiis laboribus circa ea quo sibi ex parte Regis injunct a fuerunt exhibitis oftend Idem Cancellarius ex mandato ejusdem Dom. Regis ulterius declaravit qualiter Idem Dominus Rex sacrum tempus Quadragesimate tunc instans fere praeteritum ad sacrum Festum Paschae tune quasi in proxinie existens quamque necessarium atque placabile esset tam Dominis quam Communibus dicto Parliament to intendentibus ad suas Libertates existere aliasque causas urgentes ipsum Dominum Regem Regnum suum Angliae concernentes debitae discussionis libramine ponderans Parliamentum suum predictum usque sextum diem Octobris tunc proximum futurum ad idem Palatium apud Westminster quo tunc erat tentam tunc ibide●●te●end ●ensuit prorogand adjornand illud realiter sic prorogavit adjornavit omnibus singulis quorum intersuir firmiter injungendo quod ad dictum sextum diem Octobris apud dict Palacium Westmin excusation quaerunque cessante personaliter convenient in negotiis dicti Parliamenti processurus Salva semper praefato Domino Regi conditione in quodam Actu authoritate dicti Parliamenti super hujusmodi prorogatione adjornatione edito contenta Cujus quidem Actus tenor de vero in verbum hic subsequenter inseritur viz. Formsmuch as the King intendeth to prorogue and adjourn this his present Parliament to this his Palace of Westminster unto the sixth day of October next coming then there to be holden It is Ordained by the authority of this present Parliament that all-be-it any such prorogation and adjournment be had yet if for any urgent cause moving his highness it shall be thought to the same behoveful to reasume reassemble and have appearance of this his said Parliament at any time or place within this his Kingdom asore the said fixth day of October that then at his pleasure he may direct his several Writs to the Sheriffe or Sheriffes of every shire of this his Realm to make open Proclamation in every Shire-Town That all Lords spirituall and temporal being Lords of Parliament and all Knights of shires Citizens of Cities and Burgesses of Broughs returned in this present Parliament Personally appear at such day and place as in the same Writs of Proclamation shall be specified so alwayes that every of the said writs be made out twenty days or more before the said day of appearance limited by the same And that such appearance at that day and place to be limited by the said Writs be taken and had of like force and effect as if the same king had prorogued and adjourned this his said Parliament unto the same day and place And that then the said prorogation and adjournment to be had to the said Palace of Westminister unto the said sixth day of October to be void and of none effect And in this Instance there are these two things observable First How careful our Ancestors were in all their concessious to their king that they did no damage their Laws and thereby hurt the people who had entrusted them And next That that was a very learned Age and had the assistance of Littleton and Hussey two as great Lawyers as any one time hath produced And certainly all this trouble care and pains both to King and Parliament might have been saved if either that Age or those learned men could have found out the expedient of a Parliament prorogued or adjourned sine die but there was none And t is well that there is not for if the king by prorogation sine die may hold a parliament but in fifteen months then by a prorogation sine die he may not hold them if he please but in fifteen year nay not hold them if he please but in fifteen year nay but in twice or thrice fifteen if he will And on the other hand If the king by a prorogation sine die may hold a parliament then he may call them in together again in 7 or 8 dayes when all the Country members are returned to their homes and none can attend by reason of the suddennesse thereof but such as the King may hope for any thing from as we have already intimated so infinite are the mischiefs that would attend a sine die prorogation that God be thanked our Laws and Ancestors would never abide it in any other sencethan we have said And therefore do not think the People of England will ever do that indignity to their Lavvs That dishonour to the Finger of God which by so stupendious and over-ruling a Providence hath dissolved you Or that dis-service to their own Interest as ever to acknowledge you any more for their Representative Sine die being thus unable to help in this matter these Gentlemen are forced to return again to the Prorogation as seeing a uecessity to stand or fall by it and either to make that good or to be totally routed and therefore their last labour spends it self in tumbling the Records to find out Presidents as if Presidents could prevail against Law and 't is boasted by them with mighty joy that they have at Last found out one President in Q. Eliz Reign wherein a Parliament was Prorogued for three dayes more than a Year But we say this is no President at all but only one illegal Fact and that there is but one in nigh 400 Years And 300 Prorogations make very little for the honour of those that urge it But if this were a President