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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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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