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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

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is not call'd by any Writs of the Kings at all But only by Writs as aforesaid in the name of the Keepers of the Liberties of England and by those Writs none but the Commons with whom they are summoned to consult too about the businesses of a Common-wealth which these times have sufficiently taught us the meaning of and not with the King about the arduous businesses of His Kingdom These premised illegalities considered in reference to this present Parliament the legal being and capacity as premised of the Long Parliament being supposed to be here totally waved Whether is this a lawful Parliament and capable to make legal and binding Acts Or having been declared a lawful Parliament by an Act by themselves made since their Session with the Kings consent Whether can the Kings consent make them such though otherwise unlawful in their Call Principle and Foundation For I would put the case the King should have come in while Oliver or Richards Parliaments had been sitting to which the Lords as now should have presented themselves without Writs of Summons and his Majesty under that constitution should have consented to a Bill to grant them a lawful Parliament Would that at all have made them so under such a Constitution Can that which is unlawful in it self and contrary to the Fundamental Constitutions of the Nation be made lawful barely by the Kings Consent Which if it shall be pleaded in the affirmative though I very much question whether any understanding Lawyer will venture his reputation on it I shall desire then to be instructed in a better Argument to make good the lawful being and authority of the Long Parliament For surely if a Parliament be lawful meerly because of the Kings consent passing an Act to that purpose though otherwise utterly unlawful in its Call and Foundation Then doubtless that Parliament is much more lawful and in its legal being that was founded upon a lawful Call and had the Kings consent to an Act to authorize it to continue till they dissolve themselves by an Act. And if that be still a lawful Parliament then I am sure upon that account this can be none nor no other till that be legally dissolved To which there is this further to be added concerning the intentions generally of the whole Nation in reference to this Parl. by the best information I can gather That it was never in the least meant that these should sit to pass Acts as a lawful Parl. w ch was only like to prove a snare to the people as other Parl. of the like nature so call'd have done through the disputableness unwarrantableness of their Authority But only that for the present necessity they might bear the face of Parliamentary Authority for preserving the Peace of the Nation till his Royal Majesty that now is might be happily restored the Kingdom panting after him as their only means of settlement and so soon as that was effected then to dissolve in order to the sending forth his Majesties Royal Writs of Summons for calling a Parliament according to the ancient Custome and Fundamental Constitution the old Parliament being first legally dissolved that so all things might return again into a legal and uncontrovertible way of proceedings to the quiet of all mens minds and satisfaction of the whole Kingdom who are sufficiently weary of the mischiefs of irregular actings by illegal Authorities Conclusion IF the power of the Sword or other arbitrary proceedings do not interpose to interrupt free debates and the course of Law and Justice which the Author hopes there is now no cause to fear as formerly all Estates and Degrees in the Nation having sufficiently seen the inconvenience and tasted the smart of such unrighteous actings he doubts not upon a serious consideration of the foregoing Arguments if men will lay aside passion and self Interest but that right foundations will shortly again be restored that knowing our ground-work to be sure and unquestionable the Subjects of all sorts in the Kingdom may with all safety and cheerfulness submit too and act under the lawful powers in being every one sitting in Peace under his own Vine and Fig-tree blessing the God of his Salvation Which is daily the Authors earnest and most hearty prayer FINIS See his true and perfect narrative of what was done and spoken by and between Mr. Prin and the old and newly forcibly secluded members beginning fol. 24. and so forwards Printed in the year 1659. See Sir Edw. Cook in his third part of Instit of the High Court of Parliament how the Lords give their Voyces Pa 35. See Sir Edw. Cook the third part of his Institutes of the H●gh Court of Parl. of the power and Jurisdict of the Parl. fol. 36. who saith That the Power and jurisdiction of the Parl. for making of Laws in proceeding by Bill is so transcendent and absolute as it cannot be confined either for causes or persons within any bounds c. Vide Postscript