Selected quad for the lemma: power_n
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A78413
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Another word to purpose against The long Parliament revived. By C. C. of Grays-Inne, Esq;
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Drake, William, Sir.
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1660
(1660)
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Wing C16; Thomason E1053_5; ESTC R207979
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10,311
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21
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ANOTHER WORD TO PURPOSE Against The Long Parliament REVIVED By C. C. of Grays Inne Esq LONDON Printed for Thomas Dring at the George in Fleet-street 1660. Anno 17 Caroli Regis An Act to prevent Inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present Parliament WHereas great Sums of Money must of necessity be speedily advanced and provided for relief of His MAJESTIES Army and People in the Northern parts of this Realm and for preventing the imminent danger this Kingdome is in and for supply of other His Majesties present and urgent occasions which cannot be so timely effected as is requisite without Credit for raising the said Moneys which Credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of His Majesties Loyal Subjects that this present Parliament may be Adjourned Prorogued or Dissolved before Iustice shall be duely executed upon Delinquents Publique grievances redressed a firm Peace between the two Nations of England and Scotland concluded and before sufficient proâ—ision be made for the repayment of the said Moneys so to be raised All which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech Your Most Excellent Majesty that it may be Declared and Enacted And be it Declared and Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same that this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament to be passed for that purpose Nor shall be at any time or times duriug the continuance thereof Prorogued or Adjourned unless it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own Order And in like manner that the House of Commons shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own Order And that all and every thing and things whatsoever done or to be done for the Adjouruing Proroguing or Dissolving of this present Parliament contrary to this Act shall be utterly void and of none effect ANOTHER WORD TO PURPOSE Against The Long Parliament REVIVED THat it is easie to Conjure up Spirits but hard to Conjure them down again we finde it true yet who would not have thought that the very Name of King Charles the Second had been such a Charm as would have confounded the most Malevolent-spirit that ever traced English ground yet so it is That there is not only some dark Spirits which haunt corners yet remaining with us but in the face of the world here has with brazen brow appeared amongst us the most unexpectedly Pernicious Damnable and Treasonable Find that Hell has to send forth whose Errand is to Move for the Resurrection of the Long Parliament which is in truth That the Unparalel'd Tragedy of the last 18. years miâ—â—t be Acted over again Such a Tragedy in comparison of which that of Massenello in Naples that of John of Leyden and Knipperdoling in Germany that reported by Machiavel in Florence are but like the story of Tom Thumb compared with St. George and the Dragon Corruption is infectious and least this seditious Pamphlet should taint any ignorant or dis-affected persons I thought good to accept the bold challenge of the Author to demonstâ—ate his seditious spirit and to answer his invincible Arguments according to Law which by other Arguments I did before in my Parthian Dart which I suppose came not to his hands The main foundation he builds upon is the pretended Act made in 1640. for the Continuance of the Parliament without dissolution but by an Act for the purpose which is his high and mighty Bulwark whereby he fortifies himself against all opposition but I shall soon cast down all his works with few words And in the first place I do declare my opinion to be That that Act was void in its Creation so that the King was not obliged by it but might immediately by vertue of his prerogative have broken up that Parliament notwithstanding that Act And this I hold upon these two Grounds 1. In respect of the King 2. In respect of the two Houses 1. In respect of the King and for that I lay down this for Law That the King by consenting to an Act tendered him for that purpose cannot grant away and sever from his Crown the inherent Priviledges and prerogatives which ab antiquo have been and continue to that time attending and annexed to his Crown as his power of commanding his subjects for publick good cannot be restrained neither in Thâ—si nor Hypothesi but that the King by his Royal and inseparable prerogative may dispence with such restriction for upon commandment of the King and obedience of the subject doth his Government consist It is provided by the Statute of 23. H. 6. Cap. 8. That all Patents made to Sheriffs for yeaâ—s life or in Fee c. are void notwithstanding any clause of non obstante c. and the Patentee is thereby disabled to take the office yet adjudged by all the Judges of England in the Exchequer Chamber 2 H. 7. 66. That the King was not bound by that Statute Also the King may pardon Murder and Treason c. with non obstante vid. the Act 13 R. â— Parli 2. cap. 1. So the Statute of 4 H. 4. cap. 13. That no Welchman be Justice c. in Wales binds not the King So the Act of H. 3. de tallagio non concedendo vid Rastal tit Purveyance which would bar the King wholly of Purveyance is void and binds not the King So the Statute of 8 R. 2. cap. 2. and 33. H. 6. That none shall be Justice of Assize in his own County binds not the King as is obvious by every dayes experience and many more like these And the reasons of all these Cases are because the King has not power to assent to any Act which shall indeavour to eradicate any of the Native precious Flowers of his Crown and this holds not onely in things Civil but Ecclesiastical too as appears by the resolution of the two chief Justices and other the Judges at a Committee before the Lords in Parliament Anno 8 Jacobi where it was holden and declared by them all That Canons made in a Convocation and confirmed by the Royal assent could not be put in execution if they were against the Kings prerogative King John in the 13th year of his timorous Raign sent Ambassadors to Admiralius Murmelinus Math. Paris p. 9. 233. great Emperour of Turky to offer to be of his Religion and to make his Kingdom Tributary to him but that Heroick Infidel great Prince as a thing unworthy of a King to deny his Religion and
betray his Kingdom utterly refused to accept But this pusilanimous Prince of ours by the threats and perswasions of Pandulphus the Popes Commissary the next year Cum conmuni Concilio Baronum surrendâ—ed his Kingdoms of England and Ireland to Pope Innocent the III. and that he would hold his Crown from thenceforth as Fcodary to the Pope paying for both his Kingdoms 1000 Marks per annum which 1000 Maâ—ks with the arrearages was demanded by the Pope of wise King Edw. the 3d in the 4th year of his Raign who called a Parliament thereupon whose resolution was That the King could not do it without the consent of the Commons as appears Rot. Parl. 40. E. 3. Numb 8. an Act not yet Printed And though it was then resolved that it could not be done without the consent of the Commons which was to defeat the Kings Grant with the greatest colour yet it did not imply that he might do it with the consent of the Commons for in Rot. Parliamenti 42. E. 3. numb 7. upon further debate It was declared by the Lords and Commons in full Parliament That they could not assent to any thing in Parliament that tended to the dishâ—rison of the King his Crown whereunto they were sworn which late president I bring to prove the second respect before mentioned of the two Houses So then it follows that this Act this Idol which has been so much worshipped and which was the occasion of all our miseries was void as to the Kings Royal assent and also as to the assent of the two Houses provided I make it appear that ealling and dissolving of Parliaments is such a flower of the Crown as cannot be severed And for this I must acquaint you with the Antiquty of Parliaments and the manner of them I finde many conceits of their antiquity and many strains and conjâ—ctural inferences from dubious and incetain History of the antiquity of the Commons House but according to the clearest and most allowed course of story I affirm thus That Parliaments are of very ancient standing before the conquest but not such Parliaments as we have now for those consisted only of the King and his Nobles and not all the Nobles neither but such as the King was pleased to call and so it continued till the Raign of H. 1. in the 16th year of whose Raign was the first sitting of the Commons in Parliament which was occasioned thus H. the first was an Englishman and therefore feared the revolt of the Normans from him for they favoured his Brother Robert Duke of Normandy and he understanding that his own Country-men had a kindness and affection for him called the chief of them to his great Councel and did by that means settle himself sure in his Throne which I take for a good rule for other Kings Yet this manner of assembling was not alwayes continued since that time for sometimes the chief of the Nobility were onely Called and they at the end of the Parliament imparted to the other Barons and their Country what was done in Parliament afterwards King John ordained that all Barons of England should come in proper person to Parliament being summoned 20 Knights Fees after 20 l. a Fee going to the value of an entire County and fifteen Knights Feâ—s making an entire Baron by which they sate But King Hen 3d after he had smarted by the tumultuation of the Barons their multitudes bringing confusion ordained that those Earls and Barons onely to whom he directed his Writs should come to Parliament and none else Afterwards his Son Edw. 1. who indeed may be called the Founder of our civil Estate called such of the Barons as he pleased and omitted the rest and appointed the Knights and Burgesses to be Elected which is the first time that I reade of Election for before that when the Commons were called it was onely such of the chief of them as the King pleased And as it was setled in Edward the First 's time it continued till Edward the Third there being then in use a Writ de Admitten do fide dignos ad colloquium and so downwards of the special Grace and Favour of wise pious and Indulgent Kings it has continued to this day By this appears the extent of prerogative which attended our Kings in former days in relation to Parliaments and although latter times have by favour and indulgâ—nce won upon it yet it cannot be doubted but it is still as it is at this day a Flower of the Crown to Call Parliaments and consequently to Dissolve Parliaments which also is allowed by our Pamphleter fol. 7. for Quo aliquid constituitur dissolvitur and my Lord Cooke in several places affirms That it is against Natural Equity to oppose that Rule That that which Constitutes should not Dissolve and no man will deny but an Act of Parliament against Natural Equity is void and hear what Justice Dodderidge that learned man says in his Treatise of Parliaments That the King jure Regio as a Flower of his Crown hath the Absolute power of Calling and Dissolving of Parliaments as oft as he pleaseth which never yet was opposed Then it will follow upon the Reasons before mentioned That the King with the consent of the two Houses cannot grant it away then if he grant it away it remain'd in him after the signing of that Act so that That Act was not binding to him and by this all our Pamphleters Arguments are set a side And the rather aâ—e we to make the best and favourablest construction in this case because the signing of that Act was against his Royal Inclination being indeed compelled as it were thereto by the violent heady inconsiderate and rash pressures of those turbulent spirits which have so lately infested our Land and ungracioussy disturbed the Religious peace thereof But admitting that Act should be in its Creation obligatory yet it is to be considered First How far it is binding Secondly How long it is binding As to the first The Law is clear That an Act of Parliament may at its Creation binde generally but by reason of some unexpected consequents and future Events which inevitably or imminently import danger to the publick it may become of no force and this may be in the Case of common persons as the Statutes of Marlbridge and Glocester c. against Tenants committing waste in Houses or Lands generally yet in case of a fire in the neighbours house it is justifiable to pull down the house next and in case of wars against the Kings enemies it is lawful to make Bulwarks upon the Lands and many more Cases may be to this purpose Then a fortiori in the case of the King who is bound to preserve the Publick and in whose safety and in the just maintenance of whose Royal Native prerogative is lodged the intire Concern of the Common-wealth and this is sadly demonstrated to us by his late Majesties waving the execution of this undoubted part of his Royal