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A29997 The Duke of Buckingham's speech, spoken in the House of Lords, Feb. 15th, 1676, proving that the Parliament is dissolved; Speech spoken in the House of Lords, Feb. 15th, 1676, proving that the Parliament is dissolved Buckingham, George Villiers, Duke of, 1628-1687. 1677 (1677) Wing B5333; ESTC R19978 8,183 16

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it most certainly limits it to be within a year Well then but it is said again If that Prorogation be null and void then things are just as they were before and therefore the Parliament is still in being My Lords I confess there would be some weight in this but for one thing which is that not one word of it is true for if when the King had Prorogued us we had taken no notice of the Prorogation but had gon on like a Parliament and had Adjourn'd our selves De die in diem then I confess things had been just as they were before But since upon the Prorogation we went away and took no care our selves for our Meeting again if we cannot meet and Act by virtue of that Prorogation there is an impossibility of our meeting and acting any other way One may as properly say that a man who is kill'd by Assault is still alive because he was killed Unlawfully as that the Parliament is still alive because the Prorogation was Unlawful The next Argument that those are reduc'd to who would maintain this to be yet a Parliament is that the Parliament is Prorogued Sine die and therefore the King may Call them again by a Proclamation In the first part of this Proposition I shall not only agree with them but also do them the favour to prove that it is so in the eye of the Law which I never heard they have yet done For the Statutes say That a Parliament shall be holden once vvithin a year and the Prorogation having put them off till a day without the year and consequently excepted against by the Law that day in the eye of the Law is no day at all that is Sine die and the Prorogation might as well have put them off till so many months after Dooms-day and then I think no body would have doubted but that it had been a very sufficient Dissolution Besides My Lords I shall desire your Lordships to take notice that in former times the usual way of Dissolving Parliaments was to Dismiss them Sine die For the King when he Dissolved them used to say no more but that he desired them to go home till he sent for them again which is a Dismission Sine die Now if there were forty ways of Dissolving Parliaments if I can prove this Parliament has been Dissolved by any one of them I suppose there is no great need of the other thirty nine Another thing which they much insist upon is that they have found out a President in Queen Elizabeth's time when a Parliament was once Prorogued three days beyond a year In which I cannot chuse but observe That it is a very great confirmation of the Value and Esteem all people ever had of the forementioned Acts of Edvvard the Third since from that time to this there can but one President be found for the Proroguing a Parliament above a year and that was but for three days neither Besides my Lords This President is of a very Odd kind of nature For it was in the time of a very great Plague when every Body of a suddain was forced to run away one from another and so being in haste had not leisure to calculate well the time of the Prorogation though the appointing it to be within three days of the year is an Argument to me that their Design was to keep within the Bounds of the Acts of Parliament And if the mistake had been taken notice of in Queen Elizabeth's time I make no question but She would have given a lawfull Remedy to it Now I beseech your Lordships what more can be drawn from the shewing this President but only that because once upon a time a thing was done illegally therefore your Lordships should do so again now Tho' My Lords under favour Ours is a very different Case from theirs for this President they mention was never taken notice off and all Lawyers will tell you that a President that passes Sub Silentio is of no Validity at all and will never be admitted in any Judicial Court where 't is Pleaded Nay Judge Vaughan saies in his Reports That in Cases vvhich depend upon Fundamental Principles from vvhich Demonstrations may be dravvn Millions of Presidents are to no purpose Oh but say they you must think prudentially of the Inconveniencies which will follow upon it For if this be allowed all those Acts which were made in that Sessions of Parliament will be then Void Whether that be so or no I shall not now examine But this I will pretend to say That no man ought to pass for a prudential person who only takes notice of the Inconveniencies of one side it is the part of a wise man to examine the Inconveniences of both sides to weigh which are the greatest and to be sure to avoid them And My Lords to that kind of Examination I willingly submit this Cause for I presume it will be easie for your Lordships to judge which of these two will be of the most dangerous consequence to the Nation either to allow that the Statutes made in that particular Sessions in Queen Elizabeth's time are Void which may be easily confirmed at any time by a lawful Parliament Or to lay it down for a Maxime That the Kings of England by a particular Order of theirs have Povver to break all the Lavvs of England vvhen they please And My Lords with all the Duty we owe his Majesty it is no disrespect to him to say That his Majesty is bound up by the Lavvs of England For the Great King of Heaven and Earth God Almighty himself is bound by his own Decrees And what is an Act of Parliament but a Decree of the Kings made in the most Solemn manner it is possible for him to make it that is with the consent of the Lords and Commons It is plain then in my Opinion that we are no more a Parliament and I humbly conceive your Lordships ought to give God thanks for it since it has pleased him thus by his Providence to take you out of a condition wherein you must have been entirely useless to his Majesty to your selves and the whole Nation For I do beseech your Lordships if nothing of this I have urged were true what honourable Excuse could we find for our acting again with this House of Commons Except we could pretend to such an exquisite art of forgetfulness as to avoid calling to mind all that passed between us the last Sessions and unless we could have also a faculty of teaching the same Art to the whole Nation What opinion could they have of us if it should happen that the very same men who were so earnest the last Sessions for having this House of Commons Dissolved when there was no question of their lawful sitting should be now willing to joyn with them again when without question they are Dissolved Nothing can be more dangerous to a King or a People than that Laws should be made by an Assembly of which there can be a doubt Whether they have power to make Laws or no And it would be in us so much the more unexcusable if we should overlook this Danger since there is for it so easie a Remedy A Remedy which the Lavv requires and which all the Nation longs for The Calling of a Nevv Parliament It is That only can put his Majesty into a possibility of receiving Supplies That can secure to your Lordships the Honour of Sitting in this House like Peers and of being serviceable to your King and Country and That can Restore to all the People of England their undoubted Rights of Chusing Men frequently to represent their Grievances in Parliament Without this all we can do would be in vain the Nation might languish a while but must Perish at last We should become a Burden to our Selves and a Prey to our Neighbours My Motion therefore to your Lordships shall be that we humbly Address our selves to his Majesty and beg of him for his own sake as well as for all the Peoples sakes to give us speedily a Nevv Parliament That so we may unanimously before it is too late use our utmost Endeauours for his Majesty's Service and for the Safety the Wellfare and the Glory of the English Nation THE END Whil'st another Lord was speaking the Duke took a Pen and wrote this Sylogism And then appealed to the Bishops Wether it were not a True Sylogism And to the Judges Whether the Propositions were not True in Lavv The Sylogism IT is a Maxime in the Lavv of England That the Kings of England are so bound up by all Statutes made pro bono Publico that every Order or Direction of theirs contrary to the Scope and full Intent of any such Statute is Void and Null in Lavv But the last Prorogation of the Parliament vvas an Order of the King 's contrary to an Act of Edward the Third made for the greatest Common Good Viz. The Maintenance of all the Statutes of England and for the Prevention of the Mischiefs and Grievances vvhich daily happen Wherefore the last Prorogation of the Parliament is Void and Null Lavv.