Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	england_n	king_n	lord_n	7,079	5	4.1270	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36519	The Long Parliament revived, or, An act for continuation, and the not dissolving the Long parliament (call'd by King Charles the First in the year 1640) but by an act of Parliament with undeniable reasons deduced from the said act to prove that that Parliament is not yet dissolved ; also Mr. William Prin his five arguments fully answered, whereby he endeavours to prove it to be dissolved by the Kings death &c. / by Tho. Phillips.	Drake, William, Sir.	1661 (1661)	Wing D2137; ESTC R30130	16,499	26

without any prejudice by the consent and authority of the Successor as of the Father And further the Act is also herein express that by no other way or means but by an Act of Parliament it shall be dissolved Which being it cannot be done by the dead King but may be done by the Successor it ought so to be dissolved or else it must and doth by vertue of this Act still remain legally in full being and authority Sixthly As to what may be objected concerning the dissolution of this Parliament by an Act when the secluded Members were lately admitted The Argument is so weak that I thought wholly to have omitted the least mention of it Yet in regard it is objected by some who seem to receive satisfaction by it and there to acquiesce I shall give this answer in brief to it First That at the best that was but an Act so called of the House of Commons and so consequently far short of the authority of an Act of Parliament or any legal pretence of it which only consists of King Lords and Commons And therefore by any such appellative Act this Parliament can no waies be dissolvable And further The utmost authority that the House of Commons hath given them by the foresaid Act for the continuation of this Parliament till they dissolve themselves by an Act is but to adjourn themselves by an Order of their own House as is express in the said Act. By which 't is evident they have no power to dissolve themselves much less by any Act they can do to dissolve the Parliament And here it is worth the observing before I pass over this Act of the House of Commons whereby it was endeavoured to dissolve the Parliament That in their judgements and consciences there was need of an Act to dissolve the Parliament And therefore by this Act of theirs they did implicitly grant that before the passing of the said Act the Parliament was not then dissolved and so consequently did acknowledge it not to be dissolved by the Kings Death which happened many years before and if not dissolved by the Kings Death then much less by the said Act of the House of Commons which carries not the least shadow of legal Authority with it as aforesaid for the dissolution of it and therefore by the judgement of the said House rightly understood 't is still legally in force and being But because some do Object that in regard the Lords spiritual to wit the Bishops were oured the House of Peers before the passing this Act for continuation of the Parliament whereby their Votes and Consents were never had in the Case that therefore it was an illegal Act and so fell void in it se●f I answer briefly That the Abbots and Priors 29. in number who were formerly Lords of Parliament and held per Baroniam from the King and had their Seats and Votes in the House of Peers as well as the Temporal Lords were dissolved in the Reign of King Henry the 8th And yet all Parliaments since with all their Acts have been held for Legal and Authentick without the least question or contradiction of their Authority and therefore is as little to be scrupled here in our present Case which is the same The Bishops Priviledge and right to sit in Parliament being also null and made void as well as theirs by Act of Parliament Whereunto much more might here be said to this purpose but that I would not be tedious Seventhly I have but one word more which answers most fully and unquestionably all Mr. Prins Objections at once or what else may be said for the dissolution of this Parliament by the Kings Death And that is taken from the supream legislative authority under God that the three Estates viz. King Lords and Commons legally called have over all persons and Causes in the whole Nation By vertue whereof they have power to do the highest actions the Nation is capable of though it be even to the dismembring of the Parliament it self and dissolving a considerable part of it or altering any other Fundamental Constitutions they please so they see it necessary for the publike good as particularly in the Case of the Bishops call'd the spiritual Lords and by some affirmed to be the third Estate in Parliament who nevertheless have been excluded by an Act of the King Lords and Commons from their ancient right of sitting and voting in Parliament when in their wisdoms their Session there appeared hurtful to Church and State For who may question or controul the Actions of a lawful Parliament while none in the Kingdom can so much as pretend to be above them And if their authority be of so large an extent even in matters of greatest weight and moment then much more in things of far inferiour and much less concernment as is the confirmation of a Parliament to continue after the Kings death who call'd it if the three Estates shall see good to pass an Act as now they have done to that purpose implicitely though not in express terms the King hapning to die before it hath been dissolved by an Act of Parliament as by the three Estates hath been firmly enacted it should be so dissolved and no otherwise By this time it may be hoped the legal being and Authority of the Long Parliament is sufficiently evident The truth whereof being so clearly proved both by Law and Reason how much doth it unfold to us the sad and dangerous estate of the Kingdom whilest under the Constitution of such powers as neither in Estate Liberty or Life though otherwise of good Inclinations to the Publick can give the Nation any legal security For though many excellent things have been done by the singular wisdome of this present Parliament now sitting that are of special tendency in themselves for the good and safety of the Nation through his Majesties most gracious condiscention for which we have infinite cause to bless God Yet herein the great unhappiness That whilest their Authority is not legally founded the Nation can promise themselves no assurance for the lasting enjoyment of those benefits and securities they have given it being 't is to be feared and too justly they fall void of themselves by vertue of the said Parliaments illegal Policy and Constitution Therefore how much were it to be wished that the Supream Legislative Authority of the Nation might again revert into that Channel by which the Peace and Settlement of the Nation through His Majesties most Gracious Influence might durably and without question be provided for and preserved In reference to which I shall humbly take the boldness to offer it as a weighty and serious consideration to this present Parliament now sitting whether they should not do well for their own safety as well as the Nations to advise his Majesty in this particular They only having the priviledge and opportunity now effectually to do it their case in point of safety or danger being the

same with the rest of the peoples when once they shall come to be dissolved But now here because the fears and scruples which at first apprehension are apt to arise in the hearts of the Generality of the Kingdom may seem a great Obstruction in Prudence against the return of that Parliament to sit again in reference to the danger of perpetuating of it Who therefore may be ready to say By so doing me may inslave King and Kingdom to such a yoak of Bondage as we may never be able to break off our own necks or the necks of our Posterity any more I shall give hereunto this closing answer That the scruple is very rational and though such a thing there is a possibility they might do or attempt though very improbably effect if they should so wickedly abuse their trust yet those fears will soon be removed from wise and discreet persons if we do but seriously consider That the far greater number of the Members surviving are of the secluded Party who were thrust and forced out of the House for their Loyalty to the King Or of those that withdrew themselves upon the offence given by occasion of the Armies violence against King Parliament and have been the chief Instruments of his present Majesties happy restoration And therefore being persons so qualified we may easily believe they will not be very willing to draw such an Odium upon their unstained Credits as will inevitably follow besides the further mischiefs will be apt to ensue to themselves and the Nation by renewed discontents should they go about to ingross the Authority of the Nation any longer in their own hands than will be necessary for publick safety with his present Majesties Approbation Who for further security against those fears may easily summon them together by his Proclamation to Whitehall or where else he pleaseth before their Session again in Parliament and there receive their personal promise and ingagement to confirm the Acts of this present Parliament and to prepare a Bill the first thing they do at a certain time to be agreed on betwixt his Majesty and them to dissolve themselves and for his Majesties issuing out Writs for the summoning of a new Parliament that so things may sweetly return again without violence or injury done either to his Majesties Prerogative or his Peoples Liberties into a regular and legal way of proceeding to the general security and satisfaction of the whole POSTSCRIPT BEcause there are great and general dissatisfactions concerning this present Parliament so call'd now sitting in question of its legal right and authority being the Authors design is nothing else but the peace and security of his native Country and a thorow healing of our wounds and breaches he humbly desires further to offer these few following particulars to the grave and serious consideration of those that are more learned in the Laws in hopes that some eminent person of that profession will give a solid and judicious resolution to them First Sir Edward Cook in the third Part of his Institutes writing of the High Court of Parliament and of what persons that Court consists speaking of the Temporal Lords as Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by descent or Creation saith that every one of these being of full Age ought to have a Writ of Summons ex debito Iustitia Where note two things are required to the legality of their Session in Parliament First That they be of full Age. And if that be a quallification leg●lly required of Peers for it will easily be granted to be most absurd and unjust that they that have not power by Law as all Infants under age have not o dispose of any part of their own Estates or to make one legal act to that purpose that such should have a share in the supream power to judge vote and dispose of the Estate Authority of the whole Kingdom I say then by rule of proportion that it is a qualification as necessarily required of the Commons upon the said consideration And it were happy for this Nation therefore that it were better looked after for the future that so those mischiefs may be prevented which too often ensue to the Publick by bringing such green heads into so wise and grave a Councel Secondly 'T is required to their legal Session in Parliament that the said Lords have Writs of Summons which these now sitting in this present Parliament never had Next The said Sir Edward Cook in the forecited place saith that the Commons which he calls there the third Estate of the Realm consisting of Knights of Shires for Counties Citizens of Cities and Burgesses of Burroughs they all are respectively to be elected by the Shires or Counties Cities and Burroughs by force of the Kings Writ ex debito Iustitia But the Commons of this present Parliament were not so chosen but by force of a Writ in the name of the Keepers of the Liberties of England Thirdly He saith that at the return of the Writs the Parliament cannot begin but by the Royal presence of the King ei●her in person or by representation By representation two waies Either by a Guardian of England by Letters Patents under the Great Seal when the King is in remote parts out of the Realm Or by Commission under the Great Seal of England to certain Lords of Parliament representing the Person of the King he being within the Realm in respect of some infirmity See Sir Edward Cook in his third Part of Institutes of the High Court of Parliament concerning the beginnings of Parliaments Page 6. But this Parliament began without the Royal presence of the King either in Person or by Representation Fourthly That the substance of the Writs of Summons must continue in their original Essence without any alteration or addition unless it be by Act of Parliament See the same Sir Edward Cook in his third Part of Institutes of the High Court of Parliament concerning Writs of Summons of Parliament Page 10. But how great an alteration and addition to the substance of the Writs of Summons is this to issue them forth in the name of the Keepers of the Liberties of England without the least authority of Parliament which by the express Statute ought only to be issued forth in the name of the King And therefore if there be any weight in Mr. Prins foresaid Argument to null a Parliament because of the Kings Death who call'd it in regard the Writs of Summons were issued forth in the name of that King deceased with whom by name the Members of Parliament were call'd to consult and advise but now cannot It will I conceive be no hard question to resolve and it were good Mr. Prin would undertake it without partiality or affection Whether the Parliament doth not ipso facto fall void and all the Acts of it further than they shall be confirmed by a lawful Parliament which