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<DATE>2012-08-17</DATE>
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<NAME>Alexis Jakobson</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>ANOTHER WORD TO PURPOSE Again&s;t The Long Parliament REVIVED.</P>
<P><HI>By C. C. of</HI> Grays-<HI>Inne E&s;q;</HI></P>
<P><HI>LONDON,</HI> Printed for <HI>Thomas Dring,</HI> at the <HI>George</HI> in <HI>Fleet-&s;treet,</HI> 1660.</P>
</DIV1>
<DIV1 TYPE="act">
<PB REF="2">
<OPENER><DATE>Anno 17 Caroli Regis.</DATE></OPENER>
<HEAD>An Act to prevent Inconveniences which may hap|pen by the untimely Adjourning, Proroguing, or Di&s;&s;olving of this pre&s;ent Parliament.</HEAD>
<P>WHereas great Sums of Money mu&s;t of nece&s;&s;ity be &s;peedily advanced and provided for relief of His <HI>MA|JESTIES</HI> Army and People in the Northern parts of this Realm; and for preventing the imminent danger this Kingdome is in and for &s;upply of other His Maje&s;ties pre&s;ent and urgent occa&s;ions, which cannot be &s;o timely effected as is requi&s;ite, with|out Credit for rai&s;ing the &s;aid Moneys; which Credit cannot be obtained until &s;uch ob&s;tacles be fir&s;t removed, as are occa&s;ioned by fears, jealou&s;ies, and apprehen&s;ions of divers of His Maje&s;ties Loyal Subjects, that this pre&s;ent Parliament may be Adjourn|ed, Prorogued, or Di&s;&s;olved before Iu&s;tice &s;hall be duely executed upon Delinquents, Publique grievances redre&s;&s;ed, a firm Peace between the two Nations of <HI>England</HI> and <HI>Scotland</HI> concluded, and be|fore &s;ufficient pro<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i&s;ion be made for the repayment of the &s;aid Moneys &s;o to be rai&s;ed. All which the Commons in this pre&s;ent Parliament a&s;&s;embled having duly con&s;idered, do therefore humbly be&s;eech Your Mo&s;t Excellent Maje&s;ty that it may be Declared and Enacted,</P>
<P>And be it Declared and Enacted by the King our Soveraign Lord, with the a&s;&s;ent of the Lords and Commons in this pre&s;ent Parliament a&s;&s;embled, and by the Authority of the &s;ame, that this pre&s;ent Parliament now a&s;&s;embled &s;hall not be di&s;&s;olved, un|le&s;s it be by Act of Parliament to be pa&s;&s;ed for that purpo&s;e: Nor &s;hall be at any time or times, duriug the continuance thereof, Prorogued, or Adjourned, unle&s;s it be by Act of Parliament, to be likewi&s;e pa&s;&s;ed for that purpo&s;e: And that the Hou&s;e of Peers &s;hall not at any time or times during this pre&s;ent Parliament&punc; be Adjourned, unle&s;s it be by them&s;elves, or by their own Order: And in like manner, that the Hou&s;e of Commons &s;hall not at any time or times, during this pre&s;ent Parliament, be Adjourned, un|le&s;s it be by them&s;elves, or by their own Order: And that all and every thing and things what&s;oever, done, or to be done, for the Ad|jouruing Proroguing, or Di&s;&s;olving of this pre&s;ent Parliament, contrary to this Act, &s;hall be utterly void and of none effect.</P>
</DIV1>
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<BODY>
<DIV1 TYPE="text">
<PB N="3" REF="2">
<HEAD>ANOTHER WORD TO PURPOSE Again&s;t The Long Parliament REVIVED.</HEAD>
<P>THat it is ea&s;ie 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 <HI>King Charles</HI> the Second had been &s;uch a Charm as would have confounded the mo&s;t Male|volent-&s;pirit that ever traced Engli&s;h ground? yet &s;o it is, That there is not only &s;ome dark Spirits which haunt corners, yet remaining with us; but in the face of the world here has (with brazen brow) appeared among&s;t us the mo&s;t unexpectedly Pernicious, Dam|nable
<PB N="4" REF="3"> and Trea&s;onable Find that Hell has to &s;end forth, who&s;e Errand is to Move for the Re&s;urrection of the Long Parliament; which is in truth, That the Unparalel'd Tragedy of the la&s;t 18. years mi<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">t be Acted over again; Such a Tragedy, in compari&s;on of which, that of <HI>Ma&s;&s;enello</HI> in <HI>Naples;</HI> that of <HI>John</HI> of <HI>Leyden</HI> and <HI>Knipperdoling</HI> in <HI>Germany;</HI> that report|ed by <HI>Machiavel</HI> in <HI>Florence,</HI> are but like the &s;tory of <HI>Tom Thumb,</HI> compared with St. <HI>George</HI> and the Dra|gon.</P>
<P>Corruption is infectious; and lea&s;t this &s;editious Pamphlet &s;hould taint any ignorant or di&s;-affected per&s;ons, I thought good to accept the bold challenge of the Author, to demon&s;t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ate his &s;editious &s;pirit, and to an&s;wer his invincible Arguments according to Law, which by other Arguments I did before in my <HI>Parthian Dart,</HI> which I &s;uppo&s;e came not to his hands.</P>
<P>The main foundation he builds upon, is the pre|tended Act made in 1640. for the Continuance of the Parliament without di&s;&s;olution, but by an Act for the purpo&s;e, which is his high and mighty Bul|wark, whereby he fortifies him&s;elf again&s;t all oppo|&s;ition; but I &s;hall &s;oon ca&s;t down all his works with few words.</P>
<P>And in the fir&s;t place, I do declare my opinion to be, That that Act was void in its Creation, &s;o that the King was not obliged by it; but might immedi|ately by vertue of his prerogative have broken up that Parliament, notwith&s;tanding that Act: And this I hold upon the&s;e two Grounds. 1. <HI>In re&s;pect of the King.</HI> 2. <HI>In re&s;pect of the two Hou&s;es.</HI></P>
<PB N="5" REF="3">
<P>1. <HI>In re&s;pect of the King;</HI> and for that I lay down this for Law, That the King by con&s;enting to an <HI>Act</HI> (tendered him for that purpo&s;e) cannot grant away and &s;ever from his Crown the inherent Priviledges and prerogatives which <HI>(ab antiquo)</HI> have been and continue to that time attending and annexed to his Crown; as his power of commanding his &s;ubjects for publick good, cannot be re&s;trained neither in <HI>Th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">&s;i</HI> nor <HI>Hypothe&s;i,</HI> but that the King by his Royal and in&s;eparable prerogative may di&s;pence with &s;uch re&s;triction; for upon commandment of the King, and obedience of the &s;ubject, doth his Government con&s;i&s;t.</P>
<P>It is provided by the Statute of 23. <HI>H.</HI> 6. <HI>Cap.</HI> 8. That all Patents made to Sheriffs for yea<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s, life, or in Fee, <HI>&amp;c.</HI> are void, notwith&s;tanding any clau&s;e of <HI>non ob&s;tante, &amp;c.</HI> and the Patentee is thereby di&s;abled to take the office; yet adjudged by all the Judges of <HI>England,</HI> in the Exchequer Chamber, 2 <HI>H.</HI> 7. 66. That the King was not bound by that Statute.</P>
<P>Al&s;o the King may pardon Murder, and Trea&s;on, &amp;c. with <HI>non ob&s;tante, vid.</HI> the Act 13 <HI>R.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. Parli. 2. <HI>cap.</HI> 1.</P>
<P>So the Statute of 4 <HI>H.</HI> 4. <HI>cap.</HI> 13. That no Welch|man be Ju&s;tice, &amp;c. in <HI>Wales,</HI> binds not the King.</P>
<P>So the Act of <HI>H. 3. de tallagio non concedendo, (vid, Ra&s;tal, tit. Purveyance)</HI> which would bar the King wholly of Purveyance, is void, and binds not the King.</P>
<P>So the Statute of 8 <HI>R.</HI> 2. <HI>cap.</HI> 2. and 33. <HI>H.</HI> 6. That none &s;hall be Ju&s;tice of A&s;size in his own County, binds not the King, as is obvious by every dayes ex|perience:
<PB N="6" REF="4"> and many more like the&s;e.</P>
<P>And the rea&s;ons of all the&s;e Ca&s;es, are, becau&s;e the King has not power to a&s;&s;ent to any Act, which &s;hall indeavour to eradicate any of the Native precious Flowers of his Crown; and this holds not onely in things Civil, but Eccle&s;ia&s;tical too, as appears by the re&s;olution of the two chief Ju&s;tices, and other the Judges at a Committee before the Lords in Parlia|ment, <HI>Anno</HI> 8 <HI>Jacobi,</HI> where it was holden and de|clared by them all, That Canons made in a Convo|cation and confirmed by the Royal a&s;&s;ent, could not be put in execution, if they were again&s;t the Kings prerogative.</P>
<P>King <HI>John</HI> in the 13^t^h year of his timorous Raign, &s;ent Amba&s;&s;adors to <HI>Admiralius Murmeli|nus,</HI> <NOTE PLACE="marg"><HI>Math.</HI> Paris. <HI>p.</HI> 9. 233.</NOTE> great Emperour of <HI>Turky,</HI> to offer to be of his Religion, and to make his Kingdom Tributary to him; but that Heroick In|fidel great Prince, as a thing unworthy of a King, to deny his Religion, and betray his Kingdom, ut|terly refu&s;ed to accept. But this pu&s;ilanimous Prince of ours, by the threats and per&s;wa&s;ions of <HI>Pandul|phus</HI> the Popes Commi&s;&s;ary, the next year <HI>(Cum con|muni Concilio Baronum)</HI> &s;urrend<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed his Kingdoms of <HI>England</HI> and <HI>Ireland</HI> to Pope <HI>Innocent</HI> the III. and that he would hold his Crown from thenceforth as Fcodary to the Pope, paying for both his Kingdoms 1000 Marks <HI>per annum;</HI> which 1000 Ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ks with the arrearages was demanded by the Pope of wi&s;e King <HI>Edw.</HI> the 3^d in the 4th year of his Raign, who called a Parliament thereupon, who&s;e re&s;olution was, That the King could not do it without the con&s;ent of the
<PB N="7" REF="4"> Commons, as appears <HI>Rot. Parl. 40. E. 3. Numb.</HI> 8. an Act not yet Printed. And though it was then re|&s;olved, that it could not be done without the con&s;ent of the Commons, which was to defeat the Kings Grant with the greate&s;t colour; yet it did not im|ply, that he might do it with the con&s;ent of the Com|mons; for in <HI>Rot. Parliamenti, 42. E. 3. numb.</HI> 7. up|on further debate, It was declared by the Lords and Commons in full Parliament, That they could not a&s;&s;ent to any thing in Parliament that tended to the di&s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ri&s;on of the King &amp; his Crown, whereunto they were &s;worn; which late pre&s;ident I bring to prove the &s;econd re&s;pect before mentioned of the two Hou&s;es.</P>
<P>So then it follows, that this <HI>Act,</HI> this <HI>Idol,</HI> which has been &s;o much wor&s;hipped, and which was the oc|ca&s;ion of all our mi&s;eries, was void as to the Kings Royal a&s;&s;ent, and al&s;o as to the a&s;&s;ent of the two Hou&s;es, provided I make it appear, that ealling and di&s;&s;olving of Parliaments is &s;uch a flower of the Crown as cannot be &s;evered.</P>
<P>And for this I mu&s;t acquaint you with the Antiqu|ty of Parliaments, and the manner of them; I finde many conceits of their antiquity, and many &s;trains and conj<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ctural inferences from dubious and ince|tain Hi&s;tory of the antiquity of the Commons Hou&s;e: but according to the cleare&s;t and mo&s;t allowed cour&s;e of &s;tory, I affirm thus; That Parliaments are of ve|ry ancient &s;tanding before the conque&s;t, but not &s;uch Parliaments as we have now; for tho&s;e con&s;i&s;ted on|ly of the King and his Nobles, and not all the No|bles neither, but &s;uch as the King was plea&s;ed to
<PB N="8" REF="5"> call; and &s;o it continued till the Raign of <HI>H.</HI> 1. in the 16th year of who&s;e Raign was the fir&s;t &s;itting of the Commons in Parliament, which was occa&s;ioned thus; <HI>H.</HI> the fir&s;t was an Engli&s;hman, and therefore feared the revolt of the <HI>Normans</HI> from him, (for they favoured his Brother <HI>Robert</HI> Duke of <HI>Normandy)</HI> and he under&s;tanding that his own Country-men had a kindne&s;s and affection for him, called the chief of them to his great Councel, and did by that means &s;et|tle him&s;elf &s;ure in his Throne, (which I take for a good rule for other Kings).</P>
<P>Yet this manner of a&s;&s;embling was not alwayes continued &s;ince that time; for &s;ometimes 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: af|terwards King <HI>John</HI> ordained that all Barons of <HI>Eng|land</HI> &s;hould come in proper per&s;on to Parliament, be|ing &s;ummoned, 20 Knights Fees, after 20 l. a Fee, going to the value of an entire County, and fifteen Knights Fe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s, making an entire Baron, by which they &s;ate. But King <HI>Hen,</HI> 3^d after he had &s;marted by the tumultuation of the Barons, their multitudes bring|ing confu&s;ion, ordained, that tho&s;e Earls and Barons onely to whom he directed his Writs, &s;hould come to Parliament, and none el&s;e. Afterwards his Son <HI>Edw.</HI> 1. (who indeed may be called the Founder of our civil E&s;tate) called &s;uch of the Barons as he plea&s;ed, and omitted the re&s;t, and appointed the Knights and Burge&s;&s;es to be Elected (which is the fir&s;t time that I reade of Election for before that, when the Commons were called, it was onely &s;uch
<PB N="9" REF="5"> of the chief of them as the King plea&s;ed) And as it was &s;etled in <HI>Edward</HI> the Fir&s;t's time, it continued till <HI>Edward</HI> the Third (there being then in u&s;e a Writ, <HI>de Admitten do fide dignos ad colloquium)</HI> and &s;o down|wards, of the &s;pecial Grace and Favour of wi&s;e, pious and Indulgent Kings, it has continued to this day.</P>
<P>By this appears the extent of prerogative which at|tended our Kings in former days, in relation to Parlia|ments; and although latter times have by favour and indulg<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nce won upon it; yet it cannot be doubted, but it is &s;till, as it is at this day, a Flower of the Crown to Call Parliaments, and con&s;equently to Di&s;&s;olve Parliaments, which al&s;o is allowed by our <HI>Pamphle|ter,</HI> fol. 7. for, <HI>Quo aliquid con&s;tituitur di&s;&s;olvitur;</HI> and my Lord <HI>Cooke</HI> in &s;everal places affirms, That it is again&s;t Natural Equity to oppo&s;e that Rule, <HI>That that which Con&s;titutes &s;hould not Di&s;&s;olve;</HI> and no man will deny but an Act of Parliament again&s;t Natural Equity is void; and hear what Ju&s;tice <HI>Dodderidge,</HI> (that learned man) &s;ays in his Treati&s;e of Parliaments, That the King, <HI>jure Regio,</HI> as a Flower of his Crown, hath the Ab&s;olute power of Calling and Di&s;&s;olving of Parliaments as oft as he plea&s;eth, which never yet was oppo&s;ed.</P>
<P>Then it will follow upon the Rea&s;ons before men|tioned, That the King with the con&s;ent of the two Hou&s;es cannot grant it away; then if he grant it away it remain'd in him after the &s;igning of that Act; &s;o that That Act was not binding to him; and by this all our <HI>Pamphleters</HI> Arguments are &s;et a &s;ide.</P>
<P>And the rather a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e we to make the be&s;t and favou|rable&s;t
<PB N="10" REF="6"> con&s;truction in this ca&s;e, becau&s;e the &s;igning of that Act was again&s;t his Royal Inclination, being indeed compelled (as it were) thereto by the violent, heady, incon&s;iderate and ra&s;h pre&s;&s;ures of tho&s;e turbu|lent &s;pirits, which have &s;o lately infe&s;ted our Land, and ungraciou&s;&s;y di&s;turbed the Religious peace there|of.</P>
<P>But admitting that Act &s;hould be in its Creation obligatory, yet it is to be con&s;idered,
<LIST>
<ITEM>Fir&s;t, <HI>How far it is binding:</HI></ITEM>
<ITEM>Secondly, <HI>How long it is binding.</HI></ITEM>
</LIST></P>
<P>As to the fir&s;t, The Law is clear, That an Act of Parliament may at its Creation binde generally, but by rea&s;on of &s;ome unexpected con&s;equents and fu|ture Events, which inevitably or imminently import danger to the publick, it may become of no force; and this may be in the Ca&s;e of common per&s;ons; as the Statutes of <HI>Marlbridge</HI> and <HI>Gloce&s;ter,</HI> &amp;c. again&s;t Tenants committing wa&s;te in Hou&s;es or Lands gene|rally; yet in ca&s;e of a fire in the neighbours hou&s;e, it is ju&s;tifiable to pull down the hou&s;e next; and in ca&s;e of wars again&s;t the Kings enemies, it is lawful to make Bulwarks upon the Lands; and many more Ca&s;es may be to this purpo&s;e; Then a <HI>fortiori,</HI> in the ca&s;e of the King, who is bound to pre&s;erve the Publick, and in who&s;e &s;afety, and in the ju&s;t maintenance of who&s;e Royal Native prerogative is lodged the intire Concern of the Common-wealth; and this is &s;adly demon&s;trated to us by his late Maje&s;ties waving the
<PB N="11" REF="6"> execution of this undoubted part of his Royal Prero|gative for which I now labour, whereby we have &s;orely felt, and dearly undergone the&s;e unmatchable mi&s;eries, wherewith the&s;e three Kingdoms have been &s;o long and tediou&s;ly exerci&s;ed; which is Argument enough to &s;atisfie any rea&s;onable and &s;ober mind a|gain&s;t the unrea&s;onablene&s;s of it, and to per&s;wade them in their con&s;cience, That &s;uch an unheard of Pre&s;ident &s;hould not innovate &s;o much upon prero|gative, as to bind up the Kings Hands (which &s;hould defend and pre&s;erve him&s;elf and his people) and to make him &s;tand &s;till while his Loyal Subjects are Murdered before his face, his own Throat cut be|fore his Palace, and the mo&s;t horrid confu&s;ions that ever was heard of, brought upon a Land (before that time) the mo&s;t flouri&s;hing that ever was &s;een; and all this fell out upon &s;uppo&s;ition of that Act being in force, which the King might have waved; for in the ca&s;e of Ship-money, though it was the better opini|on that the King could not rai&s;e moneys but by Par|liament generally; yet in ca&s;e of apparent danger to the Kingdom, it was agreed by all the Judges of <HI>Eng|land</HI> that he might: But then admitting it binding in its Creation; the &s;econd thing is its duration, how long it binds; and for that, its clear it can bind him no longer then he lives; For that thus,</P>
<P>The intent of the Law-makers is to be ob&s;erved in the expo&s;ition of the Laws. Now we know full well, that the makers of that Act never thought of the Kings death (e&s;pecially his Murder) at the time
<PB N="12" REF="7"> of the making of that Act; but that which was the moving cau&s;e of that Act from the Hou&s;es, was the remembrance of the Kings breaking up of &s;everall Parliaments before, whereby &s;ome of the Members were prevented to vent their malicious and cruel de|&s;igns upon &s;ome of the Kings loyal Favorites (whom for their preferment they emulated) as before on <HI>Buckingham,</HI> and after upon incomparable <HI>Strafford,</HI> by the <HI>Vanes,</HI> Father and Son, and this was under the notion of bringing Delinquents to puni&s;hment. O|thers indeed, more &s;ober, might have an eye to &s;ub|&s;tantial grievances to be redre&s;&s;ed, and therefore de|&s;ired that the King would not di&s;&s;olve them till they were redre&s;&s;ed.</P>
<P>But good rea&s;on for the Kings actions therein; for he was advi&s;ed, of two Evils to chu&s;e the lea&s;t; rather to di&s;&s;olve twenty Parliaments, and leave &s;ome, particular Delinquents unpuni&s;hed, &s;ome particular grievances unredre&s;&s;ed, then by pre&s;erving one Par|liament or more, to di&s;&s;olve the foundations of the Kingdom. He was advi&s;ed of the Je&s;uits plot which had been &s;o long upon the Anvil again&s;t him, which made him loath to con&s;ent to this fatal act, which rendred him &s;uppo&s;edly obnoxious to the fatal Axe; &s;o that though he was compelled in prudence to him&s;elf, and policy to his Kingdoms, to break up tho&s;e Parliaments, yet the <HI>profanum vulgus,</HI> the ru|der people, and heady Commons, would not under|&s;tand it right, but indeavoured to bind him up as &s;ure as they could, and that was by this Act, which is the chief de&s;ign &s;ignified in the preamble of that
<PB N="13" REF="7"> Act. What is mentioned be&s;ide in the &s;ame pre|amble, is of no weight, for his Maje&s;ties Army there &s;poken of cea&s;ed to be his by their rebellion; his Maje&s;ties urgent occa&s;ions there mentioned, were never intended to be &s;atisfied; and as for the credit of rai&s;ing money, &s;urely an <HI>Act</HI> of Parliament might have rai&s;ed money without borrowing, or giving their &s;ecurity, every one being thereby &s;ecurity for him&s;elf, as well as by ingaging of their Publick Faith; and that <HI>Act</HI> would have continued not onely after di&s;&s;olution, but after the Kings death, without the help of this &s;pecious <HI>Act,</HI> and that might have been made in as &s;hort a time as this; &s;o that the ne|ce&s;&s;ity of that <HI>Act,</HI> which our Author mentions, is like that of <HI>Don van Do&s;me,</HI> who told the Work|men of a nece&s;&s;ity of removing the Chimney, be|cau&s;e the fire burnt his &s;hinns. And as to the Con|clu&s;ion of the Preamble, that it might not be di&s;|&s;olved before &s;ufficient provi&s;ion was rai&s;ed for re|payment of the money borrowed; if this &s;hould give a determination, &s;ure it were at an end before now, there having been moneys enough to do that, rai&s;ed by that de&s;perate piece of Sacriledge, the Sale of Crown and Church-Lands, Cu&s;tomes, Exci&s;e, and abominable Taxes.</P>
<P>But further to the <HI>Act</HI> it &s;elfe. There is another rule, <HI>Ad ea quae frequentius accidunt jura adaptantur;</HI> Laws are made for relief of Common and obvious Grievances, and to prevent the mo&s;t probable and frequent accidents; &s;uch was, then, that of breaking
<PB N="14" REF="8"> up Parliaments before mentioned. And it cannot be intended, that an <HI>Act</HI> of Parliament &s;hould pro|vide again&s;t a thing at &s;uch di&s;tance, &s;hould be intro|ductory of a new Law, &s;hould confound preroga|tive, de&s;troy the King, and undo the people; and all this by dubious and implicite words, by a &s;trange and novel con&s;truction, the effects and con&s;equents whereof are &s;o incomparably dangerous and fatal to the Kingdome, as has been before &s;hewn and &s;een.</P>
<P>La&s;tly, admitting further, That the Kings death was intended by that <HI>Act;</HI> yet was the <HI>Act</HI> void as to that, and that upon this account.</P>
<P>If an impo&s;&s;ibility be Enacted; or if a thing which is po&s;&s;ible at the time of the making of the <HI>Act,</HI> be|come impo&s;&s;ible by the act of God, the <HI>Act</HI> cea&s;es to be of force as to that.</P>
<P>And therefore as to the fir&s;t, If they had Enacted, That at the time of the making of the &s;ame <HI>Act,</HI> there was no King in <HI>England,</HI> that had been void, becau&s;e impo&s;&s;ible to be true, that that &s;hould be an <HI>Act,</HI> and that the King &s;hould not be at that time King, whereas his being at that time King made that an <HI>Act.</HI></P>
<P>As to the other, is our ca&s;e; admitting it po&s;&s;ible that the Kings hands might be bound up, yet the hands of the Law can't be bound up; for the opera|tion of Law upon the death of the King makes that impo&s;&s;ible, which before was &s;uppo&s;ed po&s;&s;ible; and therefore I am of opinion, with clearne&s;s, that if the <HI>Act</HI> had been, That the Lords and Commons &s;hould be a Parliament, to make <HI>Acts</HI> after the Kings death,
<PB N="15" REF="8"> that it had been void and non&s;ence; for they might as well have Enacted, that <HI>Pauls</HI> Steeple &s;hould be <HI>Charing-Cro&s;s;</HI> for its impo&s;sible that an <HI>Act</HI> &s;hould be without the Kings Royal a&s;&s;ent, and his con&s;ent cannot be after his death; and there is no Clau&s;e that pretends to oblige his Succe&s;&s;or to confirm or con|&s;ent, which our Pamphleter would have our King to do voluntarily, and therefore tells out of my Lord <HI>Cooks</HI> 3^d (which &s;hould be his 4th) In&s;titutes, That the King &s;its in Parliament in his Politick Capacity, and in that capacity never dyes; which is all true, for he never dyes as to &s;ucce&s;sion, to avoid an <HI>Interreg|num, &amp;c.</HI> But as to continuances of Writs and Com|mi&s;sions, &amp;c. which by his death are determined, he dyes.</P>
<P>The King &s;its in the Court called the <HI>Kings Bench,</HI> in his Politick Capacity; yet by his death, not onely the Judges Commi&s;sions in that Court, but all pro|ceedings there were originally determined, el&s;e had the Parliament in 1 <HI>Edw. 6. cap.</HI> 7. little to do to make an <HI>Act</HI> to &s;alve di&s;continuances of proce&s;s by the device of the death of the King; but I never heard of an <HI>Act</HI> to &s;alve the determination of Writs and Commi&s;sions, or to oblige a &s;ucceding King to con|firm a Parliament called by his Predece&s;&s;or; &s;o that though perhaps he might confirm them, and then con&s;ent to an <HI>Act</HI> of Di&s;&s;olution; yet our Gracious Soveraign knows them too well to call them toge|ther again, much le&s;s to confirm them; and then there is no need of an <HI>Act</HI> of Di&s;&s;olution, they being di&s;&s;olved of cour&s;e for want of a King to own them.</P>
<PB N="16" REF="9">
<P>As to what out Author mentions that the coming in of the <HI>Secluded Members,</HI> and their making a pre|tended Act for Di&s;&s;olution, implyed their opinion that the Parliament had before a being: It is far other|wi&s;e, as the chief of them, Mr. <HI>Prynne,</HI> before de|clared; but it was in tho&s;e furious days, to pacifie, and to give &s;ome &s;eeming &s;atisfaction to &s;uch impertinent and un&s;etled Noddies as our Author, who otherwi&s;e might have made &s;ome di&s;turbance, and occa&s;ioned &s;ome prejudice to the good that was then intended, and &s;ince accompli&s;hed.</P>
<P>And whereas this bold fellow would p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r&s;wade that the old Members might be recalled, what is it but to remove <HI>Newgate</HI> to <HI>We&s;tmin&s;ter;</HI> that the King &s;hould clap R<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">bels on the back, and incourage Trea|&s;on, that he &s;hould not onely commend his Fathers Murder, and the de&s;truction of the Church and State, but to give them a Knife to kill Him too, and to make an end of all; Such a &s;editious piece of Non&s;en&s;ical vi|lany was never broached before. But while&s;t I am har&s;h to the <HI>Long Parliament,</HI> I intend the <HI>Rump</HI> on|ly, and not the <HI>Secluded Members,</HI> &s;ome of whom Our Soveraign is plea&s;ed to own in this Parliament and el&s;ewhere; but for the other, I think they are well di&s;po&s;ed of, being fitter for a Dungeon then a Parliament-Hou&s;e: And &s;o I leave them.</P>
<P>This Impudent Pamphleter is not only content to indeavour to vindicate and revive evil, but would oppo&s;e and de&s;troy the apparent good of this Nati|on, and would Affront (under the Notion of <HI>[Ille|gal])</HI>
<PB N="17" REF="9"> this happy Parliament, that has renowned It &s;elf in re&s;toring our King to us, and us to our &s;elves:</P>
<LIST>
<LABEL>And this he indeavours</LABEL>
<ITEM><LIST>
<ITEM>Fir&s;t, <HI>As to the Lords.</HI></ITEM>
<ITEM>Secondly, <HI>As to the Commons.</HI></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<LABEL>As to the Lords.</LABEL>
<ITEM><LIST>
<ITEM>Fir&s;t, <HI>They are not of age.</HI></ITEM>
<ITEM>Secondly, <HI>They are not called by Writs</HI></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<LABEL>As to the Commons</LABEL>
<ITEM><LIST>
<ITEM>Fir&s;t, <HI>They are not called by ancient Writs.</HI></ITEM>
<ITEM>Secondly, <HI>They wanted the Kings pre&s;ence at their Meeting.</HI></ITEM>
</LIST></ITEM>
</LIST>
<P>And all this is &s;aid by Sir <HI>Edward Coke,</HI> in his fourth In&s;titutes requi&s;ite to a Parliament rightly con&s;titued</P>
<P><HI>As to the Lords,</HI></P>
<P>I agree they ought to be of full age to &s;it in Parlia|ment, and &s;o I pre&s;ume they are that &s;it; I never heard otherwi&s;e by the Author or others.</P>
<P><HI>Secondly,</HI> My Lord <HI>Coke</HI> &s;ays that Dukes, <HI>&amp;c.</HI> and Barons, <HI>&amp;c.</HI> ought to have a Writ of Summons, <HI>Ex debito ju&s;titiae;</HI> his meaning is, That they ought not to be prohibited, but ought of common Ju&s;tice to &s;it; but this denies not but that they may &s;it with|out Writ, if the King plea&s;e: And therefore take this difference, where a Writ is nece&s;&s;ary and of &s;ub|&s;tance, and where 'tis a thing of cour&s;e only; as if one be created Baron for life, Intail, or in Fee, <HI>&amp;c.</HI> by Letters Patents, he is pre&s;ently a Peer of the Realm before he &s;its in Parliament, and his Writ is a thing of Cour&s;e, and may be &s;ued out at any time afte the &s;itting, as well as before. But where one holds <HI>per Baroniam</HI> only, whereby he is a Lord by Tenure, he mu&s;t have a Writ, and mu&s;t &s;it al&s;o by virtue of that Writ before he be a Peer, and there his Writ is
<PB N="18" REF="10"> &s;ub&s;tance, and a <HI>&s;ine qua non,</HI> &amp;c. This diver&s;ity was re&s;olved in Parliament in King <HI>James</HI>'s time in the ca&s;e of the Lord <HI>Abergaveny,</HI> and is reported by my Lord <HI>Coke</HI> under his own hand; it is now in Print in a book called his <HI>Twelfth Report,</HI> fol. 70. by which the re&s;t of the Books of my Lord <HI>Coke, viz.</HI> his Fir&s;t, Second and Fourth <HI>In&s;titutes,</HI> which are not &s;o clear, may be the better under&s;tood as to this Point.</P>
<P>Now then if the&s;e Lords be &s;o by Patent, their Writ is not of &s;ub&s;tance, but &s;upplyed by confirma|tion; if by Tenure, and have no Writs, 'tis more then I hear affirmed by any; however it belongs to the re&s;t of that Hou&s;e to inquire of the&s;e things.</P>
<P><HI>As to the Commons.</HI></P>
<P>Fir&s;t, I agree they ought to have VVrits of Electi|on; the policy of that is to avoid the peoples meet|ing and a&s;&s;embling together without the Licence of the King.</P>
<P>I agree al&s;o, that the Writs ought to be in the anci|ent Forms, that is to avoid the Kings &s;ingle alterati|on of things anciently attending Parliaments, with|out the con&s;ent of the people. Now as to the fir&s;t, this meeting of the people was with the Kings Con|&s;ent and Licence, witne&s;s Sir <HI>George Booths</HI> Conte&s;t, by the Kings Order, for the &s;ame; &s;o that there is no prejudice to the King on that &s;ide.</P>
<P>As to the Form of the Writ, it was by con&s;ent of all, and &s;o no prejudice or innovation upon the peo|ple on the other &s;ide; then it follows, <HI>Con&s;en&s;us tollit Errorem;</HI> if all parties concerned agree, who is to find fault?</P>
<P>Further, a Parliament made up in &s;ub&s;tance accor|ding to the Laws of the Land, is a good Parliament,
<PB N="19" REF="10"> though it may be defective in the complement of cir|cum&s;tances, witne&s;s the Parliament holden at <HI>Coven|try, 6 H. 4. An.</HI> 1404. to the calling of which Parlia|ment Writs went out; in which Writs was contained that no Lawyer &s;hould be cho&s;en, which made the Writs victious, to abridge the people in their liberty to elect; yet there were &s;ome Acts made at the Parlia|ment which continued in force, which proves that Circum&s;tances (which are of right to be ob&s;erved) are not fatal to Parliament proceedings, though o|mitted. And under this head al&s;o comes that of the Kings per&s;onal or repre&s;entative pre&s;ence in the being of a Parliament.</P>
<P>But further, without doubt the Kings con&s;ent to the Act for that purpo&s;e, has made all whole, and has made that Parliament from the beginning of their fir&s;t meeting, though till that time they were not a le|gal Parliament, &s;uch Energy and &s;trong relation has oftentimes the Acts of a King: like this ca&s;e; Lords and Commons make an Ordinance, which naturaily can continue but during their &s;itting; then the King di&s;&s;olves them, the Ordinance thereby is become of no force; yet if after the di&s;&s;olution of the Parlia|ment the King grants his Royal a&s;&s;ent, its now be|come revived and an Act; &s;uch an influence has the Royal a&s;&s;ent upon Parliament-proceedings, and ac|cording to this its adjudged in 29 <HI>Edw.</HI> 3. 4. b &amp; 39 <HI>Edw.</HI> 3. 7. This I take to be a &s;tronger ca&s;e, that the <HI>Act</HI> of the King &s;hould revive that which was dead; that it &s;hould make good that which was ab&s;olutely void, and that in point of &s;ub&s;tance; then that it &s;hould confirm that which was but voidable at mo&s;t, and that in a point of circum&s;tance onely.</P>
<PB N="20" REF="11">
<P>Be&s;ides, the legality of a Parliament is not to be di&s;puted by &s;ubjects, if the King a&s;&s;ents to it; its to be tryed onely by it &s;elf, or a &s;ucceeding Parliament; and therefore in 33 <HI>Hen.</HI> 6. 17. An Act mentioning it &s;elf made by the con&s;ent of the King and the Com|mons (omitting the Lords) was holden by <HI>Forte&s;cue</HI> chief Ju&s;tice for the pre&s;ent, to be a good Act; for, (&s;aies he) we will be advi&s;ed before we go about to Null an Act of Parliament; but its be&s;t to refer it to the next Parliament.</P>
<P>B<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ides, if we con&s;ider what great things a Parlia|ment can do, with the Kings a&s;&s;ent, (provided it ex|tend not to prerogative and &s;uch &s;ub&s;tantials) we cannot doubt of the legality of this; and whereas its &s;aid that the forms of Writs &amp;c. can't be altered but by Parliament; this Parliament has &s;alved that and all other Circum&s;tantial, defects by the Act of Con|firmation; which if otherwi&s;e, ought not to be que|&s;tioned but in Parliament, their doings there being to us, <HI>Phoebi or acula, vera &amp; fixa.</HI></P>
<P>I &s;hall conclude with a Ca&s;e cited by my Lord <HI>Cook</HI> in his 4th In&s;titutes, (a Book our Author is ac|quainted with) but I wonder he mi&s;&s;ed it: He tells there of a Parliament man, who for writing in di&s;ho|nour of the Parliament, was committed to the Tower for &s;ix moneths, and fined 500 Marks.</P>
<P>Now if a Parliament man (who has more liberty allowed then &s;uch whifflers as our Author) was fined &s;o much for writing in di&s;honour, only; what &s;hall be done with this &s;editious De&s;perado, that writes in de&s;truction of the Parliament? but <HI>&s;ub judice lis est.</HI></P>
<PB REF="11">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
