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           1676
        
      
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             Some considerations upon the question, whether the Parliament is dissolved by it's prorogation for 15 months?
             Carey, Nicholas.
             Holles, Denzil Holles, Baron, 1599-1680.
          
           26 p.
           
             s.n.],
             [London? :
             1676.
          
           
             "The two statutes upon which this question depends are: 4. Edvv. 3 cap. 14, Item it is accorded, That a Parliament shall be holden every year once, and more often if need be, 36. Edvv. 3 cap. 10, Item for maintenance of the said articles and statutes, and redress of divers mischiefs and grievances which daily happen, a Parliament shall be holden every year, as another time vvas ordained by another statute.
             "This tract has been attributed to Nicholas Carey and also to Lord Holles, but there is no evidence that it was written by either of them. (See Journals of the House of Lords, 1 March, 1676.)." Cf. BM and Halkett & Laing (2nd ed.).
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           England and Wales. -- Parliament.
           Great Britain -- History -- Charles II, 1660-1685.
        
      
    
     
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           SOME
           Considerations
           Upon
           the
           QUESTION
           ,
           WHETHER
           The
           Parliament
           is
           Dissolved
           By
           it's
           Prorogation
           for
           15
           Months
           ?
        
         
           The
           two
           Statutes
           upon
           which
           this
           Question
           depends
           are
           ,
           
             
               4.
               
               Edvv.
               3.
               
               Cap.
               14.
               
            
             Item
             it
             is
             accorded
             ,
             That
             a
             Parliament
             shall
             be
             holden
             every
             year
             once
             ,
             and
             more
             often
             if
             need
             be
             .
          
           
             
               36.
               
               Edvv.
               3.
               
               Cap.
               10.
               
            
             Item
             for
             maintenance
             of
             the
             said
             Articles
             and
             Statutes
             ,
             and
             redress
             of
             divers
             Mischiefs
             and
             Grievances
             vvhich
             daily
             happen
             ,
             a
             Parliament
             shall
             be
             holden
             every
             year
             .
             As
             another
             time
             vvas
             ordained
             by
             another
             Statute
             .
          
        
         
           Printed
           in
           the
           Year
           ,
           1676.
           
        
      
    
     
       
         
         
         
           SOME
           CONSIDERATIONS
           Upon
           the
           QUESTION
           ,
           Whether
           the
           Parliament
           is
           Dissolved
           by
           its
           Prorogation
           for
           15
           Months
           ?
        
         
           The
           two
           Statutes
           upon
           which
           this
           Question
           depends
           are
        
         
           
             
               4
               Edvv.
               3.
               
               Cap
               14.
               
            
             Item
             it
             is
             accorded
             that
             a
             Parliament
             shall
             be
             holden
             every
             year
             once
             ,
             and
             more
             often
             if
             need
             be
             .
          
           
             
               And
               ,
               36.
               
               Edvv.
               3.
               
               Cap.
               10.
               
            
             Item
             for
             maintainance
             of
             the
             said
             Articles
             ,
             &c.
             a
             Parliament
             shall
             be
             holden
             every
             year
             ,
             &c.
             
          
        
         
           
             I.
             
          
           
             
               THE
               first
               Point
               in
               this
               Case
               is
               ,
            
             Whether
             these
             tvvo
             Statutes
             are
             still
             in
             Force
             and
             not
             Repealed
             ?
          
           
             They
             are
             not
             Repealed
             by
             the
             Act
             that
             Repeals
             the
             
               Triennal
               Act
            
             :
             That
             being
             no
             way
             contrary
             or
             inconsistent
             with
             the
             two
             former
             Laws
             ,
             and
             therefore
             doth
             not
             derogate
             from
             them
             .
             If
             we
             have
             not
             a
             Parliament
             every
             year
             the
             King
             neglects
             the
             two
             former
             Statutes
             .
             But
             if
             we
             have
             not
             a
             Parliament
             in
             three
             years
             the
             king
             neglects
             not
             only
             them
             ,
             but
             the
             last
             Statute
             of
             his
             own
             making
             .
          
           
           
             There
             is
             a
             rule
             in
             Law
             ,
             that
             if
             Laws
             and
             Statutes
             seem
             to
             be
             contrary
             ,
             the
             one
             to
             the
             other
             ,
             yet
             if
             by
             interpretation
             they
             may
             stand
             together
             ,
             they
             ought
             so
             to
             do
             .
             In
             this
             case
             there
             is
             not
             so
             much
             as
             a
             seeming
             contrariety
             .
             
               Rol.
               Rep.
               part
               .
               1.
               fol.
            
             91.
             
          
           
             So
             likewise
             ,
             fol.
             91.
             
             If
             a
             Statute
             extend
             in
             words
             to
             Repeal
             another
             statute
             ,
             yet
             if
             the
             intent
             of
             it
             was
             not
             to
             repeal
             it
             ,
             it
             shall
             not
             be
             repealed
             .
             And
             it
             is
             evident
             ,
             there
             was
             no
             intention
             to
             prejudice
             or
             weaken
             these
             Laws
             ,
             both
             by
             his
             Majesties
             speech
             ,
             made
             the
             21
             of
             March
             1663
             ,
             to
             the
             Parliament
             ;
             as
             also
             Sir
             
               Edvvard
               Turners
            
             speech
             (
             then
             Speaker
             of
             the
             House
             of
             Commons
             )
             made
             the
             17
             of
             May
             1664
             ,
             at
             the
             conclusion
             of
             that
             Session
             .
             The
             offence
             taken
             was
             at
             the
             manner
             and
             means
             in
             and
             by
             which
             the
             Act
             of
             King
             Charles
             the
             First
             did
             appoint
             a
             Parliament
             to
             be
             assembled
             .
             And
             not
             only
             the
             Title
             of
             this
             Act
             declares
             they
             intended
             a
             repeal
             ,
             but
             of
             one
             Act
             ,
             viz.
             that
             of
             King
             
               Charles
               the
               first
               ,
            
             )
             but
             also
             the
             very
             Act
             it self
             mentions
             and
             allows
             these
             Statutes
             of
             Edv.
             3
             to
             be
             Laws
             in
             force
             ,
             and
             approves
             them
             .
          
           
             But
             if
             there
             were
             as
             there
             is
             not
             any
             colour
             that
             these
             Statutes
             are
             hereby
             repealed
             ,
             yet
             it
             is
             plain
             that
             the
             Statute
             of
             the
             16th
             .
             of
             
               Car.
               2.
               
               Cap.
            
             1.
             (
             which
             should
             make
             the
             repeal
             )
             is
             not
             to
             take
             place
             till
             after
             the
             determination
             of
             this
             Parliament
             .
             The
             words
             are
             ,
             
               That
               hereafter
               the
               sitting
               and
               holding
               of
               Parliaments
               shall
               not
               be
               intermitted
               or
               discontinued
               above
               three
               years
               ,
               but
               that
               vvithin
               three
               years
               from
               and
               after
               the
               determination
               of
               this
               present
               Parliament
               ,
            
             &c.
             
               your
               Majesty
            
             ,
             &c.
             
               do
               issue
               out
               your
               Writs
            
             ,
             &c.
             
             Here
             the
             enacting
             part
             of
             this
             Clause
             doth
             not
             take
             place
             till
             after
             the
             determination
             of
             this
             present
             Parliament
             .
             And
             the
             word
             (
             hereafter
             )
             in
             the
             begining
             of
             the
             Clause
             ,
             has
             clearly
             reference
             to
             that
             time
             ;
             and
             with
             what
             Grammer
             or
             sence
             doth
             this
             redition
             (
             
               But
               that
            
             ,
             &c.
             )
             otherwise
             correspond
             to
             the
             preceding
             words
             ,
             which
             will
             be
             plainer
             ,
             if
             you
             suppose
             it
             penn'd
             ,
             
               But
               that
               vvithin
               three
               years
               from
               and
               after
               the
               end
               of
               tvventy
               years
               ,
               next
               ensuing
            
             ;
             shall
             
             not
             in
             that
             Case
             the
             word
             ,
             hereafter
             ,
             refer
             to
             the
             end
             of
             twenty
             years
             ,
             and
             if
             this
             Parliament
             survive
             this
             Progogation
             there
             may
             not
             be
             much
             odds
             in
             point
             of
             Time
             ,
             whether
             of
             the
             two
             wayes
             the
             clause
             had
             been
             penn'd
             .
          
           
             That
             the
             Kings
             of
             England
             have
             not
             duely
             nor
             constantly
             observed
             these
             Statutes
             ever
             since
             their
             making
             ,
             doth
             not
             render
             them
             of
             less
             force
             ;
             For
             the
             Kings
             Omissions
             to
             fulfil
             a
             Law
             ,
             or
             his
             personal
             Offences
             ,
             can
             never
             be
             drawn
             into
             question
             Judicially
             ,
             because
             the
             King
             is
             not
             under
             any
             compulsion
             ,
             nor
             accountable
             to
             any
             Court
             ,
             and
             is
             so
             far
             ,
             and
             in
             such
             respect
             
               Solutus
               legibus
            
             ;
             But
             all
             Acts
             of
             the
             king
             contrary
             to
             law
             ,
             are
             adjudged
             to
             be
             in
             deceit
             of
             the
             king
             ,
             and
             the
             law
             voids
             and
             nullifiies
             all
             such
             Acts
             ,
             Hobart
             .
             Page
             154.
             
          
        
         
           
             II.
             
          
           
             
               The
               next
               point
               is
            
             ,
             Whether
             the
             King
             is
             bound
             by
             these
             Statutes
             ,
             and
             vvhether
             it
             is
             in
             his
             povver
             to
             suspend
             ,
             supersede
             or
             dispence
             vvith
             them
             .
          
           
             The
             king
             is
             the
             only
             person
             that
             can
             be
             meant
             or
             bound
             ;
             For
             he
             it
             is
             that
             is
             to
             summon
             or
             ●●ld
             Parliaments
             ,
             and
             therefore
             the
             Statutes
             intend
             to
             oblige
             him
             ,
             or
             else
             they
             intend
             nothing
             ,
             And
             the
             laws
             for
             Parliaments
             ,
             that
             secure
             our
             Religion
             ,
             Properties
             ,
             and
             Liberties
             ,
             are
             become
             onely
             Advices
             and
             Counsels
             to
             the
             Prince
             ,
             with
             no
             Obligation
             further
             then
             the
             Princes
             present
             thoughts
             of
             their
             Expedience
             .
          
           
             It
             is
             a
             Rule
             in
             law
             ,
             when
             a
             thing
             is
             ordained
             that
             implies
             any
             act
             to
             be
             done
             proper
             only
             to
             the
             king
             ,
             The
             king
             shall
             be
             bound
             by
             a
             general
             Act.
             
          
           
             
               Case
               of
            
             Warren
             and
             Smith
             .
             Rolls
             ,
             1.
             
             Rep.
             Fol
             156.
             
          
           
           
             These
             Statutes
             are
             in
             pursuance
             of
             the
             Common
             Law
             ,
             and
             the
             king
             cannot
             dispence
             with
             the
             Common
             Law.
             The
             
               Mirror
               of
               Justice
            
             ,
             a
             very
             ancient
             and
             authentique
             Book
             saith
             ,
             
               Cap.
               1.
               
               Sect.
               3.
               
               That
               it
               vvas
               a
               Lavv
               in
               King
            
             Alfred's
             
               time
               ,
               That
               Parliaments
               should
               be
               holden
               tvvice
               a
               year
               .
            
             And
             all
             our
             antient
             Histories
             testify
             that
             f●rmerly
             Parliaments
             were
             held
             at
             the
             three
             great
             Festivals
             every
             year
             .
             
               Co.
               Lit.
               110.
               4.
            
             
          
           
             It
             is
             a
             general
             rule
             in
             law
             ,
             That
             the
             king
             cannot
             dispence
             with
             any
             Statute
             made
             
               pro
               bono
               publico
               ,
               Cook
               Rep.
            
             5.
             15.
             
             In
             the
             case
             of
             Ecclesiastical
             persons
             ,
             The
             Judges
             in
             parliament
             declare
             ,
             That
             the
             king
             being
             the
             Head
             of
             the
             Common-wealth
             ,
             cannot
             be
             an
             Instrument
             to
             defeat
             an
             Act
             of
             Parliament
             made
             
               pro
               bono
               publico
            
             .
             Plow
             .
             Com.
             236
             ,
             237.
             5.
             
             Co.
             rep
             .
             14.
             
          
           
             The
             king
             cannot
             dispence
             with
             ,
             but
             is
             bound
             by
             Statutes
             made
             concerning
             Courts
             of
             Judicature
             .
             
               Stat.
               13.
               
               R.
               2.
               
               Ca.
               13.
               15.
               
               R.
               2.
               
               Cap.
               5.
               
               &
               2.
               
               H.
               4.
               
               C.
            
             11.
             made
             for
             restraining
             the
             Jurisdiction
             of
             the
             Court
             of
             Admiralty
             .
             
               King
               J●mes
            
             ,
             by
             his
             
               Letters
               pattents
            
             granted
             to
             the
             Admiralty
             larger
             Authority
             and
             Judicature
             than
             those
             Statutes
             did
             allow
             ,
             with
             a
             clause
             of
             
               non
               obstante
            
             to
             those
             Statutes
             ,
             The
             Common-law-courts
             grounding
             themselves
             u●on
             those
             Statutes
             granted
             prohibitions
             contrary
             to
             the
             letters
             pattens
             ,
             and
             thereupon
             the
             said
             Admiral
             complained
             to
             the
             king
             And
             all
             the
             Judges
             then
             gave
             their
             opinions
             ,
             That
             those
             Statutes
             did
             oblige
             the
             king
             ,
             and
             that
             the
             king
             could
             not
             by
             his
             letters
             pattents
             go
             contrary
             to
             those
             Statutes
             .
             
               Co.
               Jurisdiction
               of
               Courts
            
             fol.
             135.
             136
             ,
             137.
             
             The
             Subjects
             have
             the
             same
             right
             in
             the
             Courts
             of
             Judicature
             ,
             as
             they
             have
             in
             the
             Laws
             ,
             and
             the
             same
             right
             to
             the
             Laws
             as
             they
             have
             to
             their
             Estates
             .
          
           
             The
             Statute
             2.
             
             
               Edvv.
               3.
               
               Chap.
            
             8.
             commands
             the
             Justices
             that
             they
             shall
             not
             delay
             doing
             right
             in
             any
             point
             notwithstanding
             any
             command
             by
             greator
             privy
             Seal
             ,
             and
             the
             Statute
             of
             14.
             
             
               Edvv.
               3.
               
               Cap.
            
             14.
             is
             to
             the
             same
             purpose
             .
          
           
             Fitzherbert
             hath
             a
             writ
             upon
             these
             Statutes
             requiring
             the
             
             Judges
             to
             proceed
             notwithstanding
             any
             such
             Command
             ,
             
               Nat.
               Brev.
            
             240.
             
          
           
             That
             those
             laws
             of
             Ed.
             3.
             for
             
               Annual
               Parliaments
            
             are
             
               pro
               bono
               publico
            
             ,
             and
             of
             the
             greatest
             concern
             to
             the
             Nation
             ,
             besides
             they
             are
             made
             concerning
             the
             highest
             Court
             of
             Judicature
             ,
             of
             the
             
               Dernier
               Resort
            
             ,
             and
             which
             regulates
             and
             keeps
             all
             the
             rest
             in
             order
             ,
             needs
             not
             a
             proof
             to
             any
             reasonable
             man
             Nay
             ,
             the
             kings
             in
             parliament
             have
             very
             often
             own'd
             it
             .
             One
             of
             these
             Statutes
             
               viz.
               36.
               
               Ed.
            
             3.
             is
             express
             in
             this
             case
             ;
             For
             that
             Statute
             begins
             with
             the
             confirmation
             of
             
               Magna
               Charta
            
             ,
             and
             
               Charta
               de
               Forresta
            
             ,
             has
             three
             other
             Articles
             for
             remedy
             and
             redress
             of
             Mischiefs
             by
             the
             kings
             officers
             and
             purveyors
             ;
             so
             comes
             to
             an
             Article
             for
             relief
             of
             the
             Subject
             by
             original
             writ
             out
             of
             the
             Court
             of
             Chancery
             ;
             and
             then
             for
             mainteinance
             of
             the
             said
             Articles
             and
             Statutes
             ,
             and
             redress
             of
             Mischiefs
             and
             Grievances
             which
             daily
             happen
             ,
             this
             Article
             that
             a
             Parliament
             shall
             be
             holden
             once
             a
             year
             ,
             was
             enacted
             .
             And
             this
             Atticle
             was
             held
             of
             that
             consequence
             ,
             that
             in
             the
             next
             Parliament
             following
             ,
             37.
             
             
               Ed.
               3.
               
               Cap.
               1.
               
               Magna
               Charta
               ,
            
             and
             
               Charta
               de
               Forresta
            
             ,
             are
             confirmed
             with
             the
             word
             Especially
             to
             the
             Acts
             of
             the
             preceding
             Parliament
             ;
             as
             if
             they
             thought
             those
             Charters
             would
             be
             rendred
             ineffectual
             to
             them
             ,
             if
             they
             were
             not
             secured
             by
             
               Annual
               Parliaments
            
             .
          
           
             The
             king
             may
             as
             well
             discharge
             
               Magna
               Charta
            
             ,
             as
             these
             Statutes
             that
             are
             made
             for
             the
             maintenance
             of
             
               Magna
               Charta
            
             .
          
           
             Reason
             will
             tell
             us
             ,
             if
             we
             consider
             the
             nature
             and
             business
             of
             parliaments
             ,
             That
             we
             ought
             to
             be
             secured
             of
             them
             within
             a
             time
             certain
             ,
             and
             the
             Law
             has
             prescribed
             this
             of
             a
             year
             and
             no
             other
             to
             be
             that
             certain
             time
             .
          
           
             The
             parliament
             Rolls
             5
             
               Ed.
               2.
               
               No.
            
             29.
             and
             the
             1.
             
             
               R.
               2.
               
               N.
               59.
            
             are
             both
             express
             in
             the
             Case
             ,
             and
             that
             because
             the
             parliament
             is
             the
             only
             Court
             wherein
             the
             Subjects
             can
             recover
             their
             right
             without
             the
             fear
             of
             delay
             ,
             or
             the
             oppression
             of
             great
             Men.
             And
             how
             could
             they
             answer
             any
             of
             those
             ends
             ,
             if
             the
             time
             prescribed
             by
             the
             Lavv
             ,
             be
             not
             punctually
             observed
             ▪
          
           
           
             An
             absolute
             and
             direct
             law
             ,
             and
             not
             
               sub
               modo
            
             ,
             as
             under
             forfeiture
             of
             such
             a
             sum
             ,
             or
             such
             a
             penalty
             ,
             cannot
             be
             dispensed
             with
             by
             the
             king
             ,
             but
             all
             his
             Acts
             against
             it
             are
             nullities
             ,
             nay
             this
             reason
             and
             rule
             is
             extended
             to
             Common
             persons
             and
             cases
             ;
             that
             when
             a
             Statute
             prohibits
             a
             thing
             to
             be
             done
             ,
             it
             makes
             a
             nullity
             of
             any
             thing
             done
             against
             it
             ,
             if
             there
             be
             not
             a
             penalty
             limitted
             in
             the
             statute
             for
             the
             breach
             of
             it
             .
          
           
             Our
             king
             in
             his
             answer
             to
             the
             House
             of
             Commons
             of
             the
             24
             of
             Feb.
             1672
             declares
             ,
             that
             he
             doth
             not
             pretend
             to
             the
             right
             of
             suspending
             any
             Laws
             wherein
             the
             Properties
             ,
             Rights
             and
             Liberties
             of
             any
             of
             his
             subjects
             are
             concerned
             .
             and
             all
             our
             Properties
             ,
             Rights
             and
             Liberties
             are
             bound
             up
             in
             those
             laws
             of
             annual
             Parliaments
             .
          
           
             But
             this
             Fancy
             of
             Dispensation
             ,
             cannot
             take
             place
             with
             any
             man
             that
             considers
             the
             first
             of
             these
             two
             statutes
             ,
             
               viz.
               That
               a
               parliament
               shall
               be
               held
               every
               year
               once
               ,
               or
               more
               often
               if
               need
               be
               .
            
             Where
             the
             king
             is
             left
             only
             Judge
             of
             the
             need
             of
             a
             Parliament
             oftner
             than
             once
             a
             year
             ▪
             but
             whether
             the
             king
             see
             need
             or
             no
             ,
             it
             is
             absolutely
             ,
             positively
             and
             peremptorily
             ordeined
             ,
             
               That
               a
               parliament
               shall
               be
               holden
               once
               a
               year
               .
            
             And
             to
             make
             any
             other
             interpretation
             of
             the
             said
             law
             ,
             is
             to
             suppose
             that
             the
             parliament
             did
             by
             that
             Act
             change
             the
             Common-law
             ,
             which
             gave
             us
             a
             right
             to
             annual
             frequent
             parliaments
             .
             and
             deliver
             it
             wholly
             into
             the
             Will
             and
             pleasure
             of
             the
             king
             .
             And
             so
             the
             next
             statute
             of
             36.
             
             Ed.
             3.
             is
             to
             be
             reduced
             to
             this
             sence
             ,
             viz.
             For
             maintenance
             of
             the
             said
             Articles
             and
             statutes
             an
             redress
             of
             divers
             mischiefs
             and
             grievances
             which
             daily
             happen
             ,
             a
             parliament
             shall
             be
             holden
             every
             year
             ,
             or
             once
             in
             20
             years
             ,
             as
             the
             king
             please
             .
             But
             admit
             the
             last
             words
             of
             the
             statute
             of
             the
             4th
             
               Ed.
               3.
               (
               if
               need
               be
               )
            
             runs
             to
             the
             whole
             sentence
             ,
             yet
             according
             to
             this
             sence
             ,
             The
             king
             is
             obliged
             to
             call
             a
             parliament
             within
             the
             year
             if
             there
             be
             need
             ,
             and
             a
             prorogation
             for
             15
             mouths
             puts
             it
             out
             of
             his
             power
             to
             call
             them
             what
             ever
             need
             there
             may
             be
             .
          
           
             Neither
             will
             the
             preamble
             of
             the
             statute
             of
             the
             27.
             
             
               Eltz.
               
               Chap.
            
             8.
             help
             the
             matter
             ,
             it
             would
             be
             very
             hard
             ,
             that
             a
             Preamble
             of
             an
             Act
             of
             Parliament
             should
             repeal
             or
             enervate
             statutes
             of
             that
             consequence
             ,
             especially
             when
             the
             enacting
             part
             hath
             not
             a
             word
             to
             that
             purpose
             :
             but
             in
             truth
             this
             preamble
             is
             far
             from
             an
             allowance
             ,
             for
             it
             is
             a
             complaint
             of
             Parliaments
             not
             being
             so
             often
             holden
             as
             in
             antient
             time
             ,
             whereby
             the
             Subjects
             of
             this
             Realm
             are
             greatly
             hindred
             and
             delayed
             of
             Justice
             .
          
           
             It
             is
             worth
             the
             considering
             ,
             how
             the
             King
             should
             have
             more
             power
             by
             the
             law
             to
             deprive
             us
             of
             constant
             annual
             Parliaments
             ,
             than
             he
             had
             to
             deprive
             us
             of
             the
             four
             Terms
             in
             the
             year
             ,
             or
             the
             four
             Quarterly
             Sessions
             of
             the
             Peace
             .
             In
             Johnsons
             and
             Norton's
             Case
             ,
             it
             is
             there
             said
             ,
             
               That
               the
               King
               cannot
               adjourn
               the
               Courts
               of
            
             Westminster-Hall
             
               intermitting
               a
               Term
               ,
               and
               that
               to
               do
               so
               vvould
               be
               a
               breach
               of
            
             Magna
             Charta
             ,
             (
             
               nulli
               negabimus
               ,
               nulli
               deferrimus
               Justitiam
               .
               )
            
             And
             is
             it
             not
             as
             high
             a
             breach
             of
             the
             great
             Charter
             to
             intermit
             the
             greatest
             Court
             of
             Judicature
             beyond
             the
             time
             appointed
             by
             law
             ?
          
           
             It
             is
             very
             true
             the
             king
             is
             trusted
             with
             the
             time
             when
             they
             shall
             sit
             ,
             so
             it
             be
             within
             the
             year
             ,
             for
             that
             is
             positively
             prescribed
             by
             the
             law
             ;
             so
             also
             is
             the
             king
             trusted
             with
             the
             granting
             Commissions
             to
             the
             Judges
             and
             Justices
             of
             the
             Peace
             ,
             which
             he
             may
             as
             legally
             omit
             and
             frustrate
             those
             laws
             ,
             as
             omit
             the
             appointing
             a
             time
             within
             the
             year
             by
             his
             Writ
             for
             the
             Parliament
             to
             meet
             .
             And
             it
             is
             evident
             ,
             that
             it
             was
             the
             opinion
             of
             that
             great
             king
             ,
             
               Edvv.
               3.
               
               That
               the
               Lavv
               of
               the
               Realm
               is
               such
               ,
               that
               upon
               mischifs
               and
               dammages
               vvhich
               happen
               to
               the
               Realm
               ,
               the
               King
               ought
               and
               is
               bound
               by
               his
               Oath
               ,
               vvith
               the
               accord
               of
               his
               People
               in
               Parliament
               ,
               thereof
               to
               make
               remedy
               and
               lavv
               .
            
             And
             in
             truth
             there
             is
             great
             reason
             that
             the
             king
             should
             be
             more
             especially
             obliged
             by
             his
             Oath
             to
             the
             laws
             of
             Parliaments
             ,
             that
             being
             of
             highest
             concern
             .
          
           
             But
             to
             conclude
             this
             point
             with
             an
             Argument
             to
             the
             capacity
             of
             such
             as
             do
             fancy
             the
             king
             can
             dispence
             with
             laws
             of
             so
             great
             moment
             and
             concern
             .
             Those
             Worthies
             must
             allow
             
             that
             where
             the
             King
             can
             dispence
             he
             is
             not
             intended
             to
             dispence
             ,
             without
             a
             Clause
             of
             
               non
               obstante
            
             to
             the
             statute
             he
             doth
             dispence
             with
             .
             And
             there
             is
             no
             such
             clause
             in
             the
             Record
             of
             Prorogation
             .
          
        
         
           
             III.
             
          
           
             
               If
               these
               statutes
               do
               oblige
               the
               king
               ,
               the
               next
               point
               is
               ,
            
             Whether
             this
             Prorogation
             be
             contrary
             to
             those
             tvvo
             statutes
             of
             Edw.
             3.
             and
             vvhat
             the
             Consequences
             are
             thereupon
             ?
          
           
             The
             statutes
             are
             ,
             That
             a
             Parliament
             shall
             be
             holden
             every
             year
             .
             This
             prorogation
             being
             for
             above
             twelve
             months
             ,
             intermitts
             a
             whole
             year
             ,
             for
             the
             statutes
             say
             ,
             There
             shall
             be
             a
             Parliament
             holden
             once
             every
             year
             ,
             or
             oftner
             ;
             And
             the
             Prorogation
             saith
             ,
             there
             shall
             be
             no
             Parliament
             holden
             for
             15
             months
             ,
             then
             next
             to
             come
             .
          
           
             It
             is
             a
             foolish
             fancy
             to
             imagine
             that
             the
             statutes
             are
             sufficiently
             answered
             ,
             since
             a
             Parliament
             was
             holden
             in
             1675.
             and
             another
             Parliament
             shall
             be
             holden
             in
             1676
             ;
             for
             in
             all
             cases
             where
             the
             Law
             speaks
             of
             a
             year
             ,
             or
             
               a
               year
               and
               a
               day
            
             ,
             it
             is
             understood
             and
             reckoned
             for
             twelve
             Calendar
             months
             ,
             to
             take
             its
             relation
             and
             date
             from
             the
             subject
             matter
             that
             the
             Act
             treats
             of
             ;
             If
             otherwise
             ,
             the
             sence
             of
             the
             statute
             will
             be
             ,
             That
             a
             Parliament
             shall
             be
             holden
             once
             in
             two
             years
             .
          
           
             And
             it
             is
             plain
             that
             in
             
               Richard
               the
               second
               's
            
             time
             it
             was
             not
             so
             understood
             :
             For
             his
             first
             Parliament
             dissolved
             the
             18th
             of
             November
             ,
             his
             next
             parliament
             began
             the
             20
             of
             October
             following
             ,
             where
             the
             Chancellour
             gives
             us
             the
             reason
             for
             summoning
             the
             parliament
             then
             ,
             That
             the
             king
             would
             keep
             well
             his
             Covenant
             in
             holding
             annual
             parliaments
             .
             
               Cottons
               Abridg.
               fol.
            
             173.
             
          
           
             If
             this
             intermitting
             a
             parliament
             for
             above
             an
             year
             ,
             be
             not
             contrary
             to
             these
             statutes
             ,
             what
             can
             be
             ?
             There
             is
             no
             difference
             to
             be
             made
             of
             any
             measure
             of
             time
             beyond
             a
             year
             ,
             and
             there
             is
             no
             bounds
             to
             the
             time
             of
             a
             prorogation
             if
             
             it
             may
             exceed
             that
             ,
             it
             may
             be
             as
             well
             for
             ten
             or
             twenty
             years
             ,
             and
             yet
             the
             Judges
             said
             in
             Harrison's
             Case
             ,
             That
             in
             every
             statute
             there
             is
             some
             bounds
             set
             that
             must
             be
             kept
             .
          
           
             
               Lex
               &
               Consuetudo
               Parliamenti
            
             are
             dear
             in
             this
             case
             of
             annual
             parliaments
             ,
             neither
             will
             the
             single
             uncontested
             president
             ,
             passed
             
               sub
               silentio
            
             ,
             the
             5th
             of
             Eliz.
             alter
             the
             Law
             and
             custom
             of
             parliaments
             ;
             There
             the
             parliament
             was
             prorogu'd
             from
             the
             second
             of
             
               October
               ,
               quinto
               Eliz.
            
             to
             the
             5th
             of
             
               October
               ,
               sexto
               Eliz.
            
             being
             a
             year
             and
             three
             dayes
             ,
             and
             let
             it
             be
             granted
             that
             this
             prorogation
             for
             fifteen
             months
             ,
             is
             as
             good
             and
             valid
             in
             Law
             as
             that
             :
             If
             they
             are
             both
             illegal
             ,
             the
             one
             cannot
             support
             the
             other
             ,
             no
             more
             than
             her
             commiting
             of
             Wentvvorth
             and
             another
             Member
             in
             October
             following
             ,
             in
             that
             very
             parliament
             ,
             for
             what
             they
             said
             in
             the
             House
             ,
             shall
             take
             away
             the
             Liberty
             and
             Freedom
             of
             speech
             the
             Members
             in
             either
             house
             enjoy
             by
             Law
             and
             Custom
             of
             Parliament
             .
             In
             the
             Case
             of
             Tythes
             ,
             twenty
             years
             payment
             will
             not
             prejudice
             him
             that
             can
             afterwards
             prove
             a
             
               modus
               decimandi
            
             ;
             In
             this
             Case
             we
             have
             the
             Common-Law
             and
             several
             statutes
             to
             prove
             a
             modus
             .
          
           
             The
             Law-Books
             tell
             us
             ,
             
             That
             silent
             and
             sleeping
             Presidents
             ,
             
             never
             drawn
             into
             question
             ,
             
             shall
             not
             alter
             what
             is
             established
             by
             Law
             and
             Reason
             .
             
             Our
             annual
             Parliaments
             are
             established
             to
             us
             by
             Common-Law
             ,
             
             Statute-Law
             ,
             and
             the
             Reason
             even
             of
             the
             Government
             it self
             .
             Neither
             can
             the
             Laws
             that
             were
             made
             in
             that
             Parliament
             be
             at
             all
             weakned
             by
             it
             now
             ;
             Their
             Validity
             depends
             not
             upon
             the
             lawfulness
             of
             that
             Parliament
             ,
             wherein
             they
             were
             made
             ,
             but
             upon
             the
             distance
             of
             time
             since
             their
             making
             ▪
             during
             all
             which
             they
             have
             been
             received
             without
             contradiction
             ,
             and
             incorporated
             into
             our
             Laws
             .
             Time
             and
             general
             reception
             ,
             and
             multitude
             of
             Interests
             involved
             ,
             creates
             an
             authority
             to
             that
             
             which
             fresh
             and
             earlier
             pursuit
             would
             have
             rendred
             invalid
             ,
             as
             also
             highly
             criminal
             in
             those
             that
             made
             it
             .
             'T
             were
             a
             very
             hard
             case
             if
             one
             single
             Act
             of
             the
             Crowns
             ,
             contrary
             to
             law
             ,
             because
             not
             observed
             or
             contested
             ,
             should
             be
             of
             force
             to
             repeal
             and
             set
             aside
             the
             Common-law
             ,
             several
             Statute-laws
             ,
             and
             the
             constant
             course
             and
             usuage
             in
             all
             Ages
             .
             But
             if
             there
             be
             any
             use
             to
             be
             made
             of
             this
             president
             ,
             it
             is
             that
             it
             shews
             us
             the
             opinion
             of
             that
             time
             ,
             That
             a
             parliament
             in
             every
             year
             of
             the
             kings
             Reign
             did
             comply
             with
             the
             old
             Statutes
             ,
             but
             this
             will
             do
             no
             service
             in
             the
             present
             case
             ,
             for
             as
             our
             prorogation
             is
             contrived
             ,
             the
             28
             year
             of
             this
             kings
             reign
             is
             without
             a
             parliament
             ,
             whereas
             Queen
             
             Elizabeth's
             prorogation
             began
             the
             second
             of
             October
             ,
             in
             the
             fifth
             year
             of
             her
             reign
             ,
             and
             ended
             the
             5th
             of
             October
             in
             the
             sixth
             year
             of
             her
             reign
             .
          
           
             The
             Reason
             of
             the
             Government
             in
             other
             cases
             ,
             as
             all
             Courts
             of
             Judicature
             which
             are
             setled
             by
             law
             ,
             and
             can
             meet
             without
             the
             kings
             particular
             Commission
             ,
             as
             the
             Courts
             in
             Westminster-Hall
             ,
             the
             Sessions
             of
             the
             peace
             ,
             the
             County-Courts
             ,
             the
             Hundred-Courts
             ,
             the
             Court-Leets
             ,
             &c.
             are
             either
             fixed
             to
             a
             day
             certain
             for
             their
             beginning
             ,
             or
             limitted
             within
             a
             time
             certain
             ,
             and
             all
             within
             a
             year
             .
             Those
             that
             cannot
             begin
             without
             the
             kings
             particular
             Commission
             ,
             ought
             ,
             
               ex
               debito
               Justitiae
            
             ,
             to
             be
             granted
             whenever
             the
             Subject
             desires
             it
             ;
             especially
             if
             there
             be
             no
             other
             remedy
             for
             the
             Subject
             .
             So
             also
             parliaments
             are
             limited
             within
             a
             time
             certain
             ,
             which
             is
             within
             a
             year
             ,
             for
             therein
             the
             law
             is
             positive
             ,
             but
             as
             to
             the
             particular
             day
             and
             place
             ,
             and
             the
             duration
             of
             their
             sitting
             ,
             which
             could
             not
             be
             so
             well
             reduced
             into
             a
             fixed
             and
             positive
             Law
             ,
             they
             were
             trusted
             with
             the
             king
             ,
             as
             the
             proper
             subject
             of
             his
             Prerogative
             .
          
           
             By
             all
             this
             it
             will
             appear
             ,
             that
             a
             prorogation
             for
             more
             than
             a
             year
             ,
             is
             contrary
             not
             only
             to
             these
             two
             Statutes
             ,
             but
             also
             to
             the
             Reason
             of
             the
             Government
             ,
             the
             law
             and
             custom
             of
             the
             Parliament
             ,
             and
             the
             Common-law
             it self
             ,
             and
             therefore
             illegal
             in
             all
             and
             every
             respect
             :
             And
             an
             illegal
             Act
             of
             the
             king
             
             is
             void
             and
             null
             in
             law
             .
             My
             Lord
             Hobart
             speaks
             very
             fully
             to
             this
             Case
             ,
             
               Hob.
               pag.
            
             154.
             upon
             a
             lapse
             devolved
             to
             the
             Bishop
             ,
             and
             at
             last
             to
             the
             King.
             where
             he
             saith
             thus
             .
             
               A
               Lapse
               is
               an
               act
               and
               office
               of
               Trust
               reposed
               by
               Lavv
               in
               the
               King
               ,
               the
               end
               of
               vvhich
               Trust
               is
               to
               provide
               the
               Church
               of
               a
               Rector
               ,
               and
               therefore
               tho
               the
               King
               may
               suffer
               the
               Church
               to
               stand
               void
               (
               vvhich
               yet
               is
            
             Culpa
             )
             
               yet
               he
               cannot
               bind
               himself
               that
               he
               vvill
               not
               fill
               the
               Church
               ,
               for
               that
               vvere
            
             Injuria
             ,
             &
             malum
             in
             se
             ,
             
               and
               therefore
               shall
               be
               judged
               in
               Lavv
               in
               deceit
               of
               the
               King.
               For
               ,
            
             Eadem
             mens
             presumitur
             Regis
             ,
             quae
             est
             juris
             &
             esse
             debet
             .
          
           
             When
             it
             is
             said
             ,
             That
             the
             prorogation
             is
             void
             and
             null
             in
             Law
             ,
             it
             is
             only
             to
             be
             understood
             that
             it
             is
             so
             far
             void
             and
             null
             ,
             as
             it
             is
             contrary
             to
             Law
             ;
             for
             ,
             the
             prorogation
             doth
             two
             things
             ;
             First
             ,
             It
             puts
             off
             the
             Parliament
             and
             all
             business
             before
             them
             ,
             and
             determins
             the
             Authority
             they
             at
             that
             time
             have
             ,
             and
             this
             part
             of
             a
             prorogation
             can
             never
             be
             illegall
             ,
             for
             the
             King
             can
             dismisse
             a
             Parliament
             and
             determine
             their
             Authority
             at
             his
             own
             pleasure
             .
          
           
             Secondly
             ,
             It
             appointed
             a
             time
             when
             they
             shall
             meet
             again
             ,
             and
             their
             authority
             revive
             .
             Now
             this
             part
             of
             a
             prorogation
             is
             bounded
             by
             the
             Law
             ,
             which
             says
             ,
             
               a
               Parliament
               shall
               be
               holden
               once
               a
               year
               ,
            
             and
             therefore
             ,
             if
             the
             appointment
             to
             meet
             again
             be
             not
             within
             a
             year
             ,
             it
             is
             as
             if
             there
             had
             been
             no
             appointment
             at
             all
             ;
             and
             such
             a
             prorogation
             is
             only
             a
             dismission
             of
             a
             Parliment
             and
             a
             determination
             ,
             not
             a
             reviveing
             of
             their
             Authority
             .
          
           
             To
             all
             this
             there
             are
             some
             Objections
             which
             ought
             to
             be
             considered
             .
          
           
           
             Object
             .
             The
             King
             might
             have
             dissolved
             this
             Parliament
             and
             called
             a
             Nevv
             vvithin
             the
             year
             ,
             and
             therefore
             these
             Statutes
             might
             have
             been
             observed
             notvvithstanding
             the
             Prorogation
             .
          
           
             Ansv.
             This
             is
             a
             clear
             confession
             of
             the
             invalidity
             of
             the
             Prorogation
             ,
             since
             it
             is
             allowed
             those
             Statutes
             will
             not
             be
             pursued
             unless
             the
             prorogation
             be
             annull'd
             ,
             and
             the
             Parliament
             that
             subsists
             by
             it
             ,
             dissolved
             :
             Neither
             doth
             the
             kings
             power
             to
             remedy
             it
             by
             another
             Act
             ,
             support
             the
             validity
             of
             this
             ;
             for
             then
             no
             Act
             of
             the
             kings
             ,
             though
             never
             so
             much
             against
             Law
             ,
             but
             may
             be
             as
             well
             justified
             ,
             he
             having
             power
             left
             in
             him
             to
             remedy
             it
             .
             if
             he
             thinks
             fit
             ,
             which
             is
             an
             excellent
             way
             of
             rendering
             our
             law
             Arbitrary
             ,
             and
             the
             Power
             of
             the
             Crown
             Absolute
             .
          
           
             Object
             .
             The
             King
             hath
             frequently
             by
             shorter
             Prorogations
             and
             adjournments
             intermitted
             Parliaments
             for
             several
             years
             ,
             vvhich
             is
             the
             same
             as
             if
             he
             had
             prorogued
             them
             at
             once
             for
             so
             long
             time
             .
          
           
             Ans.
             The
             case
             is
             directly
             different
             between
             these
             two
             ,
             the
             shorter
             prorogation
             being
             within
             the
             letter
             of
             the
             Law
             ,
             and
             those
             above
             a
             year
             directly
             contrary
             ,
             t
             is
             very
             true
             it
             is
             as
             much
             a
             part
             of
             the
             statute
             ,
             that
             mischeifs
             and
             grievances
             ,
             should
             be
             redressed
             at
             the
             Parliament
             ,
             as
             that
             a
             Parliament
             should
             be
             holden
             ;
             yet
             nevertheless
             ,
             though
             a
             King
             hereafter
             or
             in
             times
             past
             ,
             has
             or
             shall
             ,
             
               de
               facto
            
             ,
             by
             short
             prorogations
             ,
             evade
             the
             force
             and
             intent
             of
             those
             Laws
             against
             his
             Duty
             and
             Oath
             ,
             that
             does
             not
             argue
             or
             prove
             ,
             that
             therefore
             he
             may
             ,
             
               de
               jure
            
             ,
             make
             a
             prorogation
             above
             a
             year
             ,
             which
             is
             to
             repeal
             those
             Laws
             :
             the
             wisdom
             of
             the
             Law
             doth
             in
             such
             cases
             put
             the
             king
             to
             renewing
             his
             Acts
             ,
             and
             to
             bring
             them
             under
             a
             fresh
             consideration
             ,
             
               Year
               Book
            
             39.
             
             H.
             6.
             as
             in
             the
             case
             of
             Pretections
             ,
             where
             the
             kings
             protections
             for
             a
             year
             stand
             good
             ,
             though
             several
             times
             repeated
             ,
             yet
             one
             and
             the
             same
             protection
             for
             more
             than
             a
             year
             is
             utterly
             void
             .
             So
             the
             king
             can
             grant
             an
             exception
             to
             one
             single
             person
             from
             serving
             in
             Juries
             ,
             and
             so
             to
             as
             many
             single
             persons
             as
             he
             shall
             find
             cause
             ,
             
             and
             such
             exceptions
             shall
             be
             good
             in
             law
             ,
             but
             the
             kings
             Charter
             to
             exempt
             all
             in
             such
             a
             County
             is
             void
             ,
             because
             of
             the
             inconveniencies
             that
             ensue
             in
             such
             a
             case
             .
             The
             kings
             prerogative
             extends
             only
             for
             the
             good
             of
             the
             people
             ,
             never
             to
             their
             prejudice
             or
             great
             inconveniencies
             .
             In
             like
             case
             ,
             the
             Judges
             have
             a
             power
             to
             give
             a
             day
             to
             the
             parties
             pleading
             before
             them
             from
             one
             Term
             to
             another
             ,
             and
             may
             renew
             the
             giving
             of
             a
             day
             from
             Term
             to
             Term
             ,
             as
             often
             as
             they
             see
             cause
             ,
             but
             they
             cannot
             give
             a
             day
             during
             life
             ,
             or
             for
             tearm
             of
             years
             ,
             the
             reason
             is
             ,
             that
             this
             power
             or
             lesser
             prerogative
             is
             intrusted
             with
             them
             for
             the
             better
             dispatch
             ,
             and
             not
             for
             the
             overthrow
             of
             Justice
             .
             Besides
             the
             Parliament
             doth
             really
             assemble
             and
             sit
             at
             the
             time
             of
             every
             adjournment
             or
             prorogation
             ,
             and
             the
             length
             or
             duration
             of
             their
             sitting
             doth
             not
             at
             all
             concern
             the
             state
             of
             this
             Question
             ▪
             They
             may
             as
             well
             say
             ,
             the
             king
             need
             never
             call
             a
             Parliament
             ,
             because
             he
             can
             by
             law
             annually
             hold
             a
             Parliament
             for
             two
             or
             three
             days
             ,
             and
             then
             end
             them
             ,
             not
             having
             suffered
             them
             to
             do
             any
             of
             the
             business
             of
             the
             Nation
             .
             Which
             is
             to
             argue
             from
             the
             kings
             power
             abused
             ,
             which
             power
             ought
             to
             be
             exercised
             for
             the
             protection
             and
             better
             execution
             of
             the
             laws
             ,
             to
             a
             nullity
             of
             the
             law
             it self
             .
          
           
             To
             conclude
             this
             point
             ,
             It
             is
             no
             argument
             to
             say
             ,
             the
             king
             is
             trusted
             ,
             you
             have
             no
             remedy
             against
             him
             ,
             you
             cannot
             compel
             him
             ,
             for
             that
             is
             the
             very
             reason
             why
             all
             illegall
             Acts
             of
             the
             king
             are
             null
             and
             void
             ▪
             5.
             
             Cok.
             14.
             where
             there
             is
             a
             contrariety
             between
             the
             Law
             and
             the
             kings
             single
             Act
             ,
             so
             as
             they
             cannot
             stand
             together
             ,
             the
             kings
             Act
             cannot
             over-rule
             and
             make
             void
             the
             Law
             but
             the
             law
             makes
             void
             the
             kings
             Act
             ;
             all
             the
             kings
             Acts
             are
             under
             the
             power
             ,
             operation
             and
             construction
             of
             the
             law
             ,
             and
             the
             law
             makes
             them
             either
             valid
             or
             void
             ,
             according
             as
             they
             correspond
             or
             not
             with
             it
             ,
             
               D
               ,
               St.
               22.
            
             23.
             
          
        
         
           
           
             IV.
             
          
           
             Since
             the
             prorogation
             cannot
             revive
             or
             continue
             the
             parliament
             unto
             the
             15th
             .
             day
             of
             Feb.
             1676.
             being
             in
             that
             particular
             contrary
             to
             law
             ,
             and
             so
             void
             and
             null
             :
             The
             next
             point
             will
             be
             .
             
               Whether
               the
               Parliament
               be
               still
               sitting
               ,
               and
               hath
               been
               so
               ever
               since
               the
               prorogation
               ?
            
          
           
             To
             clear
             this
             point
             ,
             it
             would
             be
             worth
             the
             asking
             ,
             If
             the
             Parliament
             should
             pass
             Acts
             in
             February
             or
             March
             next
             ,
             to
             what
             day
             should
             they
             relate
             ?
             Must
             the
             members
             be
             allowed
             their
             priviledges
             and
             their
             〈◊〉
             during
             this
             time
             ?
             and
             a
             thousand
             more
             such
             like
             questions
             would
             arise
             .
          
           
             But
             it
             is
             clear
             that
             a
             Parliament
             prorogued
             is
             a
             Parliament
             not
             dissolved
             ,
             but
             continued
             over
             to
             another
             day
             ;
             and
             when
             the
             prorogation
             is
             legal
             ▪
             there
             is
             a
             Parliament
             continuing
             ,
             but
             not
             sitting
             .
             To
             express
             the
             matter
             clearer
             ,
             it
             will
             not
             be
             un-useful
             ,
             either
             to
             the
             clearing
             this
             point
             or
             the
             better
             understanding
             the
             whole
             question
             in
             general
             ,
             to
             explain
             the
             law
             of
             Parliaments
             in
             this
             place
             .
          
           
             If
             a
             Parliament
             meet
             ,
             though
             afterward
             they
             be
             prorogued
             or
             dissolved
             before
             they
             make
             any
             Act
             ,
             yet
             this
             in
             law
             ,
             while
             it
             was
             sitting
             ,
             was
             a
             Parliament
             holden
             .
             The
             Judgements
             that
             are
             affirmed
             or
             reversed
             in
             such
             Parliaments
             are
             good
             in
             law
             ,
             and
             so
             are
             all
             other
             their
             proceedings
             ,
             and
             wages
             shall
             be
             paid
             .
             A
             
               Writ
               of
               Error
            
             then
             brought
             ,
             would
             have
             been
             returnable
             at
             
               presens
               Parliamentum
            
             ,
             and
             in
             pleading
             it
             is
             usually
             said
             ,
             
               ad
               parliamentum
               incoat
            
             .
             such
             a
             day
             ,
             
               &
               ab
               inde
               per
               prorogationem
               continuat
               .
            
             &c.
             
          
           
             Next
             ,
             That
             a
             Session
             of
             parliament
             in
             law
             so
             called
             ,
             is
             when
             there
             is
             an
             Act
             passed
             ,
             and
             takes
             in
             all
             that
             time
             ,
             that
             is
             ,
             from
             the
             time
             of
             the
             meeting
             either
             by
             Summons
             or
             prorogation
             ,
             until
             the
             time
             the
             parliament
             is
             prorogued
             or
             dissolved
             ,
             for
             during
             all
             that
             time
             ,
             they
             are
             in
             law
             looked
             upon
             as
             sitting
             ,
             and
             all
             that
             sitting
             is
             called
             a
             Session
             .
          
           
           
             Next
             ,
             if
             a
             Parliament
             be
             summoned
             and
             meet
             ,
             and
             then
             be
             prorogued
             either
             before
             or
             after
             any
             Acts
             passed
             ,
             that
             this
             is
             a
             Parliament
             continued
             .
          
           
             Therefore
             't
             is
             
               Parliamett
               .
               continuat
               .
               per
               diversas
               Prorogatione
               usque
               ad
            
             such
             a
             day
             ,
             
               &
               tunc
               tent
            
             .
          
           
             Therefore
             Parliament
             and
             Session
             of
             Parliament
             are
             different
             things
             ;
             every
             Parliament
             must
             be
             before
             it
             can
             make
             an
             Act
             ,
             therefore
             it
             must
             be
             and
             must
             have
             continance
             before
             it
             can
             make
             a
             Session
             ,
             and
             all
             the
             while
             that
             it
             hath
             continuance
             it
             is
             a
             Parliament
             in
             being
             but
             when
             it
             is
             prorog'd
             it
             cannot
             be
             said
             to
             be
             a
             Parliament
             sitting
             ,
             or
             that
             t
             is
             then
             holden
             ,
             but
             by
             the
             prorogation
             is
             put
             off
             from
             sitting
             ,
             or
             being
             holden
             ,
             but
             continued
             .
          
           
             Hence
             you
             may
             observe
             the
             mistake
             of
             the
             Judges
             in
             
               Huttons
               Rep.
               Fol.
            
             61.
             in
             not
             distinguishing
             between
             Parliament
             and
             Session
             of
             Parliament
             .
          
           
             Next
             ,
             In
             this
             case
             ,
             
               de
               facto
            
             ,
             there
             was
             no
             sitting
             ,
             but
             all
             departed
             ,
             and
             the
             King
             hath
             summon'd
             them
             by
             his
             Proclamation
             ,
             to
             Assemble
             upon
             the
             15th
             of
             Feb.
             So
             the
             king
             doth
             not
             know
             they
             are
             now
             sitting
             .
             And
             though
             this
             Prorogation
             for
             the
             Causes
             abovementioned
             ,
             be
             not
             a
             legal
             prorogation
             ,
             and
             consequently
             not
             sufficient
             to
             perform
             the
             kings
             will
             to
             continue
             the
             parliament
             ,
             and
             cause
             them
             to
             meet
             again
             on
             the
             15th
             of
             February
             ,
             Yet
             the
             kings
             pleasure
             hereby
             declared
             shall
             be
             so
             far
             effectual
             ,
             as
             that
             they
             shall
             not
             be
             sitting
             in
             the
             mean
             time
             .
             For
             though
             the
             king
             mistakes
             the
             Law
             ,
             yet
             his
             Acts
             are
             not
             void
             in
             those
             parts
             of
             them
             that
             are
             agreeable
             to
             Law.
             It
             would
             be
             a
             contradiction
             in
             Law
             to
             say
             ,
             That
             a
             Parliament
             cannot
             sit
             but
             by
             the
             good
             pleasure
             of
             the
             king
             ,
             and
             yet
             be
             sitting
             contrary
             to
             his
             pleasure
             and
             will
             declared
             .
          
        
         
           
             V.
             
          
           
             If
             the
             prorogation
             be
             void
             as
             to
             the
             continuing
             and
             reviving
             of
             the
             Parliament
             and
             the
             Parliament
             be
             not
             sitting
             ,
             The
             next
             point
             is
             ,
             
               Whether
               it
               can
               subsist
            
             sine
             die
             ?
          
           
           
             There
             is
             no
             president
             since
             the
             beginning
             of
             Parliaments
             ,
             of
             any
             Parliament
             that
             was
             once
             
               sine
               die
            
             ,
             that
             ever
             came
             together
             again
             .
             So
             that
             
               Lex
               &
               consuetudo
               Parliamenti
            
             is
             against
             it
             ;
             and
             if
             we
             break
             through
             that
             ,
             a
             Parliament
             may
             be
             any
             thing
             ,
             every
             thing
             ,
             nothing
             as
             the
             king
             please
             ,
             and
             no
             man
             is
             wise
             enough
             to
             forsee
             what
             inconveniencies
             and
             mischiefs
             may
             thereby
             break
             in
             upon
             us
             .
             Whosoever
             will
             puruse
             the
             Rolls
             and
             Records
             of
             parliament
             ,
             shall
             find
             them
             very
             exact
             and
             curious
             in
             seting
             down
             the
             days
             and
             places
             from
             which
             and
             to
             which
             they
             were
             adjourned
             or
             prorogued
             ;
             And
             if
             a
             continuance
             to
             a
             day
             certain
             be
             not
             so
             necessary
             that
             the
             king
             cannot
             dispence
             therewith
             ,
             why
             should
             the
             parliament
             meet
             meerely
             to
             prorogue
             ,
             as
             they
             have
             done
             in
             all
             times
             ?
             Why
             besides
             the
             prorogation
             are
             there
             alwayes
             Commissions
             to
             continue
             them
             over
             ?
          
           
             And
             you
             shall
             find
             in
             the
             record
             of
             13.
             
             E.
             4.
             
             Num.
             42.
             43.
             the
             king
             and
             both
             houses
             of
             parliament
             ,
             though
             they
             had
             the
             assistance
             of
             Littleton
             and
             Hussy
             :
             yet
             utterly
             ignorant
             of
             this
             point
             of
             learning
             ,
             A
             parliament
             
               sine
               die
            
             ;
             they
             could
             find
             no
             other
             expedient
             ,
             but
             Prorogation
             or
             adjourning
             the
             parliament
             to
             a
             certain
             day
             ,
             or
             enabling
             the
             king
             by
             a
             special
             Act
             of
             parliament
             to
             call
             them
             (
             upon
             20.
             dayes
             notice
             )
             soo●●r
             .
             And
             that
             with
             so
             much
             caution
             and
             legall
             formalitie
             ,
             That
             in
             the
             very
             Record
             of
             the
             prorogation
             ,
             there
             is
             a
             salvo
             for
             that
             Act
             ,
             of
             parl
             ▪
             and
             the
             Act
             it self
             recited
             in
             Engilsh
             ,
             (
             for
             so
             Acts
             began
             then
             to
             be
             )
             and
             in
             
               hac
               verba
            
             ,
             at
             the
             end
             of
             the
             latine
             record
             .
             In
             this
             president
             there
             are
             several
             things
             remarkable
             ,
             that
             they
             understood
             not
             a
             prorogation
             or
             adjornment
             
               sine
               die
            
             ,
             to
             be
             legal
             ,
             That
             if
             a
             praliament
             be
             prorogued
             or
             adjourn'd
             to
             a
             certain
             day
             ,
             the
             king
             cannot
             call
             them
             sooner
             ▪
             That
             ,
             40
             dayes
             noties
             ,
             being
             
               lex
               et
               con
               suetudo
               parliamenti
               ▪
            
             The
             king
             cannot
             legally
             give
             them
             lesse
             notice
             unl●ss
             h●
             be
             enabled
             by
             specall
             Act
             ▪
             of
             parliament
             .
          
           
             All
             ●●●rts
             and
             Commissions
             of
             like
             nature
             when
             all
             their
             procedings
             refer
             to
             the
             first
             day
             ,
             and
             are
             
               pro
               hac
               vice
               ,
               viz
               ▪
            
             
             Court
             of
             
               High
               Stevvard
            
             of
             
               England
               .
               Assizes
               ,
               Nisi
               prius
               ,
               Oyer
               and
               Terminer
               .
               Goal-delivery
               ,
            
             &c.
             If
             they
             rise
             without
             adjorning
             ,
             they
             are
             determined
             ,
             
               Bro.
               Comis
               .
               12.
               
               Iones
            
             420
             ,
             421.
             3.
             
             
               Leo.
               pag.
            
             229.
             
          
           
             For
             these
             Courts
             have
             not
             certain
             days
             and
             times
             ,
             like
             Terms
             to
             sit
             ,
             but
             only
             a
             day
             to
             assemble
             ,
             their
             Commission
             day
             ,
             and
             then
             continne
             on
             by
             adjournment
             ,
             the
             reason
             of
             Law
             requires
             as
             much
             ,
             if
             not
             more
             exactness
             in
             the
             highest
             Court
             of
             Parliament
             ,
             than
             in
             any
             of
             the
             inferiour
             Courts
             ;
             and
             the
             Consequences
             that
             will
             ensue
             on
             a
             contrary
             way
             of
             proceeding
             ,
             will
             be
             very
             fatal
             .
          
           
             The
             parliament
             is
             like
             those
             other
             Courts
             ,
             they
             are
             dissolved
             by
             discontinuance
             ,
             or
             by
             being
             put
             
               sine
               die
            
             ,
             and
             the
             reason
             they
             are
             dissolved
             by
             the
             death
             of
             the
             king
             ,
             is
             because
             they
             are
             thereby
             discontinued
             .
          
           
             The
             Statute
             of
             the
             1.
             of
             
               E.
               6.
               
               Ch.
            
             7.
             provides
             in
             many
             Cases
             therein
             particularly
             expressed
             ,
             That
             the
             death
             of
             the
             king
             shall
             not
             be
             a
             discontinuance
             ;
             But
             the
             case
             of
             the
             Parliament
             and
             those
             other
             Courts
             and
             Commission
             are
             not
             comprized
             in
             that
             Statute
             .
             So
             that
             in
             those
             Cases
             ,
             the
             death
             of
             the
             king
             remains
             to
             be
             a
             discontinuance
             .
          
           
             And
             further
             ,
             the
             Writs
             of
             summons
             impower
             the
             Members
             to
             act
             only
             in
             the
             Parliament
             therein
             appointed
             to
             meet
             such
             a
             day
             ,
             and
             also
             their
             power
             from
             the
             People
             as
             they
             are
             representatives
             ,
             relates
             only
             to
             the
             Parl
             ▪
             summoned
             by
             such
             a
             Writ
             ,
             on
             such
             a
             day
             ,
             and
             all
             things
             in
             law
             relate
             to
             that
             day
             ,
             and
             if
             there
             be
             not
             a
             legal
             continuation
             from
             that
             day
             ,
             to
             another
             certain
             day
             ,
             their
             power
             by
             virtue
             of
             those
             Wrirts
             expire
             .
          
           
             
               Claus.
               ann
            
             .
             5.
             
             H.
             4.
             pt
             .
             1.
             
             The
             king
             by
             Writs
             tested
             Octob.
             20.
             5.
             
             H.
             4.
             summons
             a
             parliament
             to
             meet
             the
             third
             of
             December
             following
             ;
             but
             after
             judging
             that
             day
             inconvenient
             ,
             because
             of
             Christmas
             ,
             by
             new
             writts
             tested
             24.
             
             Nov.
             5.
             
             H.
             4.
             he
             makes
             a
             new
             summons
             .
             This
             new
             summons
             did
             really
             make
             a
             new
             parliament
             ,
             for
             it
             made
             a
             new
             Election
             ;
             The
             
             king
             having
             once
             issued
             out
             his
             writs
             ,
             could
             not
             support
             or
             continue
             that
             Parliament
             ,
             but
             by
             their
             assembling
             and
             meeting
             together
             ,
             and
             being
             prorogued
             or
             adjourned
             to
             the
             day
             he
             intended
             ,
             which
             being
             at
             that
             time
             inconvenient
             ,
             he
             was
             forced
             to
             issue
             out
             new
             Writs
             ,
             and
             cause
             the
             people
             to
             make
             new
             Elections
             .
             Dyer
             203.
             
             So
             that
             the
             opinion
             ,
             That
             when
             a
             new
             parliament
             is
             summon'd
             ,
             a
             new
             day
             may
             be
             appointed
             without
             their
             meeting
             ,
             was
             not
             known
             to
             be
             Law
             in
             that
             Age.
             Neither
             doth
             the
             president
             of
             1.
             
             Eliz.
             prove
             any
             thing
             to
             that
             purpose
             ,
             for
             in
             that
             case
             the
             parliament
             did
             meet
             the
             23d
             of
             January
             ,
             and
             did
             also
             appoint
             the
             Tryers
             and
             Receivers
             of
             Petitions
             ,
             and
             was
             prorogued
             by
             the
             Queens
             Commission
             to
             the
             25
             following
             .
          
           
             If
             we
             should
             once
             depart
             from
             
               Lex
               &
               Consuetudo
               Parliamenti
            
             ,
             let
             this
             following
             Instance
             amongst
             many
             be
             considered
             ;
             A
             King
             ,
             or
             a
             Protector
             ,
             in
             the
             Infancy
             of
             a
             king
             ,
             shall
             prorogue
             a
             Parliament
             
               sine
               die
            
             ,
             and
             when
             they
             are
             all
             dispersed
             to
             their
             several
             habitations
             ,
             he
             shall
             in
             three
             dayes
             notice
             summon
             12
             Lords
             ,
             and
             40
             Commoners
             ,
             well
             principled
             ,
             well
             paid
             ,
             and
             near
             at
             hand
             for
             his
             purpose
             ,
             he
             may
             in
             few
             days
             change
             the
             Religion
             ,
             subvert
             the
             rights
             and
             properries
             of
             the
             Nation
             ,
             and
             enslave
             the
             people
             by
             authority
             of
             Parliament
             ,
             or
             the
             Protector
             (
             such
             as
             he
             may
             be
             )
             may
             alter
             the
             Succession
             ,
             destroy
             our
             Priuce
             ,
             and
             place
             himself
             in
             his
             room
             .
             But
             to
             all
             this
             will
             be
             said
             ,
             The
             law
             and
             custom
             of
             Parliaments
             require
             40
             days
             notice
             ,
             which
             secures
             us
             from
             such
             a
             mischief
             .
          
           
             It
             is
             replyed
             ,
             That
             there
             is
             no
             stronger
             law
             and
             custom
             for
             the
             40
             dayes
             ,
             notice
             than
             there
             is
             against
             Prorogations
             above
             a
             year
             ,
             or
             Parliaments
             ,
             
               sine
               die
            
             ,
             and
             if
             the
             kings
             prerogative
             can
             extend
             to
             the
             more
             essential
             parts
             ,
             it
             may
             to
             the
             circumstance
             of
             the
             time
             of
             notice
             :
             The
             king
             that
             notwithstanding
             our
             old
             Stautes
             supported
             by
             the
             Law
             and
             Custom
             of
             Parliaments
             ,
             can
             prorogue
             a
             Parliament
             to
             a
             time
             never
             so
             remote
             ,
             or
             ,
             
               sine
               die
            
             ,
             (
             that
             is
             ,
             to
             no
             time
             )
             which
             is
             farther
             
             distant
             if
             he
             pleaseth
             ,
             and
             hath
             no
             end
             but
             with
             his
             Life
             ,
             can
             by
             the
             same
             prerogative
             make
             the
             time
             of
             notice
             as
             short
             as
             he
             please
             ,
             that
             being
             piescribed
             by
             no
             Statute
             ,
             and
             only
             depending
             upon
             the
             law
             and
             custom
             of
             parliaments
             ,
             and
             has
             been
             invaded
             by
             a
             more
             dangerous
             president
             than
             any
             other
             point
             of
             the
             law
             and
             custom
             of
             Parliament
             has
             been
             .
          
           
             Hen.
             4.
             the
             first
             day
             he
             came
             to
             the
             Crown
             ,
             summons
             a
             parliament
             by
             writ
             to
             the
             Sherffe
             ,
             returnable
             the
             7.
             day
             ;
             he
             durst
             not
             venture
             upon
             a
             parliament
             discontinued
             ,
             and
             so
             disolved
             by
             the
             resignation
             of
             Ri.
             2.
             though
             they
             assembled
             but
             the
             same
             day
             that
             his
             writtes
             went
             out
             for
             a
             new
             ,
             and
             notwithstanding
             they
             were
             such
             men
             as
             he
             planly
             approved
             of
             ,
             yet
             new
             writs
             of
             Sumons
             and
             a
             new
             return
             of
             the
             Sherifs
             was
             thought
             Essential
             at
             that
             time
             .
          
           
             To
             all
             this
             is
             objected
             that
             Ano.
             33.
             of
             E.
             1.
             the
             parliament
             was
             dismised
             the
             21.
             of
             March
             without
             limiting
             any
             day
             certain
             ,
             and
             it
             doth
             appear
             ,
             that
             an
             order
             was
             made
             in
             
               pleno
               parliamento
            
             on
             the
             6.
             of
             April
             following
             ,
             so
             that
             the
             same
             parliament
             dismissed
             ,
             
               sine
               die
            
             .
             was
             recalled
             and
             sat
             again
             ,
             Ryley
             ,
             240.
             279.
             282.
             
          
           
             To
             this
             is
             answered
             that
             this
             record
             will
             not
             be
             of
             validity
             to
             change
             our
             Laws
             ,
             and
             constant
             practice
             of
             parliaments
             ever
             since
             they
             were
             setled
             .
             The
             Original
             Book
             in
             the
             Tower
             (
             of
             which
             )
             Riley
             ,
             is
             a
             copy
             )
             was
             but
             extracts
             out
             of
             the
             close
             Rolls
             ,
             and
             some
             parliament
             Rolls
             since
             lost
             ,
             and
             a
             mistake
             in
             trancscribing
             the
             date
             of
             the
             record
             may
             very
             easily
             happen
             for
             that
             the
             former
             leave
             given
             was
             a
             disolution
             is
             eviedent
             ,
             becase
             the
             members
             of
             the
             house
             of
             Commons
             tooke
             out
             there
             Writ
             for
             Wages
             ,
             whith
             in
             those
             times
             ,
             was
             never
             taken
             out
             till
             after
             the
             Parliament
             was
             dissolved
             .
             And
             ,
             if
             to
             be
             dismissed
             ,
             
               sine
               die
            
             ,
             be
             a
             disolution
             ,
             the
             question
             is
             gained
             ;
             and
             is
             matters
             not
             much
             ,
             whether
             this
             be
             an
             Order
             
             of
             the
             Prelats
             and
             Temporal
             Lords
             ,
             with
             advise
             and
             assistance
             of
             the
             privie
             Council
             and
             Judges
             ,
             for
             these
             were
             all
             ordered
             in
             the
             dismision
             to
             stay
             behind
             and
             attend
             .
             And
             the
             words
             ,
             
               in
               pleno
               Parliamento
            
             ,
             might
             be
             inserted
             ,
             to
             distinguish
             it
             from
             an
             Act
             of
             the
             privie
             Council
             alone
             ;
             which
             is
             the
             more
             probable
             ,
             both
             because
             the
             nature
             of
             the
             Order
             is
             such
             ,
             as
             the
             Kings
             Counsel
             alone
             could
             have
             made
             ,
             and
             the
             distance
             of
             time
             from
             the
             21th
             ,
             of
             March
             ,
             to
             the
             6th
             .
             of
             April
             ,
             was
             too
             short
             for
             a
             recealing
             of
             the
             Members
             ;
             and
             too
             long
             to
             suppose
             them
             to
             have
             continued
             of
             themselves
             neer
             the
             Court
             ,
             and
             within
             call
             Or
             whether
             the
             king
             did
             call
             the
             same
             Parliament
             after
             a
             dissolution
             ,
             which
             the
             same
             king
             had
             don
             in
             the
             28
             ,
             year
             of
             his
             raign
             ,
             and
             his
             son
             Ed.
             2.
             did
             in
             the
             ninth
             year
             of
             his
             :
             Both
             which
             were
             upon
             a
             pretence
             to
             advise
             with
             him
             ,
             and
             we
             have
             no
             lawes
             extent
             of
             their
             making
             ;
             for
             this
             does
             but
             argue
             ;
             That
             the
             〈…〉
             parliaments
             were
             not
             yet
             fully
             settled
             ,
             haveing
             suffered
             lately
             in
             the
             end
             of
             H.
             3.
             time
             a
             great
             alteration
             ,
             and
             this
             vigorus
             and
             might
             prince
             Edvv.
             1st
             .
             was
             attemping
             to
             extend
             his
             prerogative
             ,
             so
             that
             we
             have
             other
             presidents
             of
             a
             like
             nature
             ,
             as
             the
             summoning
             of
             one
             Knight
             for
             every
             County
             ,
             and
             one
             Citizen
             and
             one
             Burgess
             for
             every
             City
             and
             Burrough
             .
             But
             both
             these
             ,
             and
             the
             former
             prsidedents
             ,
             have
             been
             long
             since
             condemned
             and
             fully
             settled
             on
             the
             peoples
             side
             ,
             this
             latter
             21.
             
             
               Ed.
               3.
               
               Num.
            
             16
             ,
             17.
             confirmed
             51.
             
             
               E.
               3
               ,
               N.
            
             25.
             
             And
             the
             former
             the
             50.
             
             
               E.
               3.
               
               Numb
            
             .
             177.
             
          
           
             Item
             prie
             lee
             commune
             que
             pleite
             Establier
             per
             Statute
             in
             ceste
             present
             Parliament
             que
             chescun
             ann
             soit
             tenus
             un
             Parliament
             de
             faire
             correccions
             en
             Royalme
             des
             errors
             &
             fauxetees
             ;
             Si
             null
             y
             soynt
             troves
             &
             que
             les
             Chevaliers
             des
             Countees
             pur
             celles
             Parliaments
             ,
             soyent
             eslus
             per
             Commune
             Election
             de
             les
             meilleur
             gents
             des
             dit
             Countees
             ,
             Et
             nemy
             certifie
             per
             le
             Viscount
             Soul
             sans
             diu
             Election
             sur
             certeine
             peine
             .
          
           
             Res.
             Endroite
             diu
             Parliament
             chescun
             anne
             il
             y
             dyent
             Estatutes
             &
             Ordinances
             faits
             les
             quex
             soyent
             dament
             gardes
             &
             tenus
             
             Et
             quant
             al
             article
             del
             Election
             des
             chevalier
             qui
             vendroient
             a
             Parliament
             le
             Roy
             voit
             quils
             soynt
             Eslus
             per
             commune
             assent
             de
             tout
             le
             Countee
             .
          
           
             This
             Record
             is
             worth
             the
             Observing
             ;
             it
             has
             not
             only
             setled
             the
             point
             ,
             that
             our
             Kings
             could
             not
             have
             the
             same
             Parliament
             after
             dissolution
             ,
             or
             being
             sent
             home
             returned
             again
             upon
             his
             Summons
             ,
             or
             Writs
             to
             the
             Sheriffs
             ,
             but
             settles
             that
             the
             people
             of
             England
             ought
             not
             only
             to
             have
             a
             parliament
             every
             year
             ,
             but
             a
             new
             Choise
             .
          
           
             To
             conclude
             this
             Objection
             ,
             Let
             it
             be
             considered
             how
             weak
             a
             proof
             the
             date
             of
             this
             Order
             is
             in
             so
             great
             a
             point
             ,
             to
             prove
             a
             parliament
             recalled
             after
             a
             dismission
             
               sine
               die
            
             ,
             would
             require
             Journals
             of
             their
             sitting
             ,
             Writs
             by
             which
             they
             were
             summon'd
             ,
             or
             for
             wages
             ,
             or
             Acts
             which
             were
             allowed
             to
             be
             in
             force
             ,
             and
             of
             such
             a
             nature
             ,
             as
             none
             but
             a
             Parliament
             could
             do
             ;
             none
             of
             which
             are
             in
             this
             case
             .
          
        
         
           
             VI.
             
          
           
             If
             the
             Prorogation
             be
             void
             ,
             the
             Parliament
             not
             sitting
             ,
             nor
             can
             subsist
             
               sine
               die
            
             ,
             then
             the
             last
             point
             is
             ,
             
               That
               it
               must
               be
               Dissolved
            
             .
          
           
             It
             will
             be
             hard
             to
             find
             a
             president
             of
             a
             parliament
             that
             was
             neither
             Sitting
             ,
             Adjourn'd
             ,
             Prorogu'd
             ,
             or
             dissolv'd
             ;
             this
             is
             none
             of
             the
             three
             former
             ,
             and
             therefore
             must
             be
             the
             latter
             ,
             viz.
             Dissolved
             .
          
           
             If
             the
             Parliament
             be
             not
             sitting
             nor
             can
             subsist
             ,
             
               sine
               die
            
             ,
             and
             the
             prorogation
             be
             null
             and
             void
             ,
             then
             what
             shall
             bring
             them
             together
             again
             the
             15
             of
             February
             ?
             It
             is
             very
             true
             the
             king
             has
             issued
             his
             Proclamation
             for
             that
             purpose
             ,
             but
             proclamations
             are
             Acts
             of
             Grace
             ,
             to
             notify
             and
             promulgate
             to
             the
             Subjects
             ,
             the
             Laws
             that
             are
             ,
             that
             they
             may
             be
             kept
             and
             observed
             ;
             but
             they
             cannot
             alter
             the
             Law
             ,
             or
             any
             proceedings
             in
             Law.
             VVhen
             was
             there
             a
             parliament
             prorogued
             by
             proclamation
             ?
             was
             not
             that
             always
             done
             by
             Commission
             ?
             
             and
             a
             Proclamation
             served
             only
             to
             give
             the
             people
             notice
             o●
             the
             Kings
             pleasure
             ,
             to
             order
             their
             occasions
             accordingly
             .
          
           
             In
             the
             beginning
             of
             the
             late
             troubles
             ,
             the
             king
             by
             proclamation
             adjourned
             the
             Courts
             at
             Westminster
             to
             Oxford
             ,
             without
             any
             Writ
             of
             adjournment
             ;
             and
             since
             the
             Return
             of
             his
             Majesty
             ,
             in
             an
             Affize
             brought
             by
             Sir
             
               Edvvard
               Heath
            
             ,
             against
             Mr.
             Pagit
             for
             the
             Office
             of
             
               Custos
               Brevium
            
             ,
             of
             the
             Court
             of
             
               Kings
               Bench
            
             ;
             It
             was
             declared
             in
             the
             Court
             of
             
               Kings
               Bench
            
             ,
             That
             those
             Courts
             at
             Oxford
             were
             
               coram
               non
               Judice
            
             ,
             and
             all
             their
             proceedings
             void
             ,
             and
             nothing
             hath
             been
             legal
             of
             their
             proceedings
             ever
             since
             .
          
           
             At
             the
             time
             of
             the
             Chatham
             Invasion
             ,
             the
             Parliament
             stood
             prorogued
             to
             the
             tenth
             of
             October
             1667
             ,
             whereupon
             the
             king
             issued
             out
             a
             proclamation
             to
             summon
             them
             to
             meet
             the
             25th
             day
             of
             Iuly
             ,
             at
             their
             Meeting
             the
             king
             told
             them
             ,
             
               That
               he
               had
               summon'd
               them
               vvhen
               he
               vvas
               under
               an
               exigence
               ,
               vverein
               he
               thought
               not
               fit
               to
               rely
               on
               less
               Counsel
               than
               theirs
               .
            
             And
             the
             truth
             is
             they
             were
             universally
             looked
             upon
             as
             a
             Council
             not
             a
             Parliament
             .
             And
             my
             Lord
             keeper
             in
             his
             Speech
             on
             the
             10th
             of
             Ostob.
             1667
             told
             them
             ,
             
               It
               vvas
               a
               doubt
               by
               grave
               and
               vvisemen
               ,
               vvhether
               or
               no
               they
               could
               sit
               and
               act
               as
               a
               Parliament
               before
               that
               day
               .
            
          
           
             Object
             .
             But
             notvvithst●nding
             it
             appcars
             by
             vvhat
             is
             said
             ,
             That
             this
             Parliament
             is
             neither
             Sitting
             or
             Progogued
             ,
             neither
             can
             it
             subsist
             ,
             
               sine
               die
            
             ,
             or
             by
             Proclamation
             ,
             yet
             there
             are
             some
             vvill
             tell
             us
             ,
             That
             it
             is
             the
             King's
             Prerogative
             alone
             to
             Prorogue
             or
             dissolve
             Parliaments
             ,
             and
             they
             vvill
             urge
             the
             opinion
             of
             chief
             Justice
             Lee
             ,
             That
             a
             Parliament
             cannet
             be
             dissolved
             or
             determined
             but
             ly
             matter
             of
             Record
             ,
             and
             that
             by
             the
             King
             alone
             .
             Hutton
             Rep.
             Fol.
             62.
             
          
           
             Ans.
             To
             this
             may
             be
             said
             ,
             That
             no
             man
             or
             number
             of
             men
             (
             except
             the
             king
             )
             can
             by
             matter
             of
             Record
             Dissolve
             a
             Parliament
             :
             It
             is
             the
             right
             and
             prerogative
             of
             the
             king
             alone
             to
             do
             that
             .
             But
             there
             are
             several
             other
             wayes
             by
             which
             a
             parliament
             may
             naturally
             or
             violently
             come
             to
             its
             
             end
             ,
             To
             make
             the
             expression
             plainer
             ,
             let
             this
             instance
             be
             offer'd
             ;
             no
             man
             hath
             authority
             to
             kill
             any
             of
             the
             kings
             subjects
             without
             a
             lawful
             Commission
             derived
             from
             him
             ;
             yet
             any
             of
             his
             Subjects
             may
             die
             naturaly
             or
             be
             killed
             violently
             ,
             and
             though
             the
             person
             that
             did
             it
             be
             liable
             to
             punishment
             yet
             the
             subject
             is
             not
             alive
             .
             The
             death
             of
             the
             king
             or
             the
             resignation
             of
             his
             Crown
             ,
             are
             known
             and
             confessed
             to
             be
             the
             natural
             ,
             death
             of
             the
             parliament
             as
             well
             as
             of
             those
             other
             courts
             ,
             As
             also
             the
             return
             of
             the
             king
             from
             a
             forreign
             Country
             into
             England
             determines
             a
             parliament
             summon'd
             by
             his
             lieutenant
             in
             his
             absence
             ,
             as
             appeares
             expresely
             by
             the
             Act
             of
             parliament
             18.
             
             H.
             5.
             
             Ch.
             7.
             
          
           
             
               The
               Duke
               of
            
             Gloucester
             ,
             
               the
               kings
               uncle
               ,
               told
            
             Richard
             
               the
               second
               of
               another
               way
            
             .
             If
             the
             king
             shall
             〈◊〉
             absent
             himself
             from
             his
             parliament
             then
             sitting
             for
             the
             space
             of
             40
             Dayes
             .
             Histor.
             Angli
             .
             Fol.
             2681.
             
          
           
             If
             a
             parliament
             should
             continue
             as
             long
             as
             this
             ,
             and
             the
             king
             should
             issue
             no
             writs
             to
             fill
             their
             vacant
             places
             ,
             it
             is
             more
             than
             probable
             ,
             that
             would
             prove
             a
             natural
             dissolution
             .
          
           
             If
             the
             Gunpower
             treason
             had
             taken
             effect
             ,
             or
             any
             such
             like
             wicked
             or
             sad
             accident
             should
             happen
             it
             would
             prove
             a
             violent
             dissolution
             of
             the
             parliament
             ;
             So
             that
             cheif
             Justice
             Lee
             in
             in
             
               Huttons
               Rep.
               Fo.
            
             62.
             was
             as
             much
             out
             in
             point
             of
             Law
             ,
             that
             a
             parliament
             cannot
             be
             dissolved
             but
             by
             the
             king
             and
             by
             matter
             of
             record
             ,
             as
             he
             was
             in
             good
             sence
             when
             he
             spoke
             of
             discontinuance
             of
             Parliaments
             by
             matter
             of
             Record
             :
          
           
             
               Primo
               Mariae
            
             ,
             was
             a
             great
             Question
             ,
             whether
             the
             Parliament
             then
             summoned
             was
             not
             void
             ?
             
             Because
             26
             H.
             8.
             
             C.
             1.
             and
             35.
             
             H
             :
             8.
             
             C.
             3.
             did
             unite
             and
             annex
             the
             Title
             or
             Stile
             of
             
               Supremum
               Caput
               Eccleseae
               Anglicanae
            
             ,
             to
             the
             Crown
             ,
             and
             this
             Title
             or
             Stile
             was
             omitted
             in
             the
             then
             writs
             of
             Summons
             :
             Some
             of
             the
             Judges
             and
             Queens
             Council
             thought
             this
             was
             not
             a
             necessary
             part
             of
             the
             Queens
             Stile
             ,
             others
             thought
             otherwise
             ,
             but
             it
             was
             admitted
             of
             all
             hands
             that
             supposing
             the
             Statutes
             of
             Henry
             the
             
             Eighth
             had
             extended
             to
             have
             made
             this
             a
             necessary
             part
             of
             the
             Queens
             Stile
             ,
             the
             force
             of
             the
             same
             Statutes
             had
             made
             void
             the
             parliament
             ;
             so
             that
             it
             appeares
             evidently
             by
             this
             that
             it
             was
             their
             Opinion
             ,
             that
             a
             parliament
             might
             be
             dissolved
             by
             the
             force
             of
             former
             statutes
             ,
             though
             the
             kings
             express
             pleasure
             for
             the
             dissolving
             of
             it
             did
             not
             otherwise
             appear
             upon
             record
             .
          
           
             
               Decimo
               .
               sept
               .
               Car.
            
             1.
             was
             an
             Act
             made
             that
             the
             Parliament
             should
             not
             be
             dissolved
             ,
             prorogued
             ,
             or
             adjorned
             ,
             but
             by
             their
             own
             consent
             by
             Act
             of
             parliament
             :
             Here
             the
             kings
             〈◊〉
             of
             dissolving
             Parliaments
             is
             limited
             by
             an
             Act
             ,
             so
             that
             it
             is
             plainly
             subjected
             to
             former
             Statutes
             .
          
           
             The
             
               Trienal
               Act
            
             it self
             ,
             is
             an
             Instance
             beyond
             exception
             ,
             this
             parliament
             which
             repealed
             it
             ,
             admitted
             it
             to
             have
             been
             a
             binding
             Law
             ,
             else
             what
             need
             it
             to
             have
             been
             repealed
             ?
             By
             this
             Act
             the
             kings
             prerogative
             was
             limitted
             both
             in
             calling
             and
             dissolving
             parliaments
             .
          
           
             
               Ex
               abundanti
            
             it
             might
             be
             said
             ,
             That
             Acts
             of
             Parliament
             can
             bind
             ,
             limit
             ,
             restrain
             and
             govern
             the
             Descent
             and
             Inheritance
             of
             the
             Crown
             it self
             ,
             and
             all
             rights
             and
             titles
             thereunto
             .
             This
             was
             practised
             in
             Henry
             the
             Eighth's
             time
             ,
             and
             in
             the
             thirteenth
             of
             Eliz.
             The
             affirming
             ,
             holding
             ,
             or
             maintaining
             the
             contrary
             was
             made
             Treason
             during
             her
             Life
             ,
             and
             after
             her
             decease
             ,
             forfeiture
             of
             all
             Goods
             and
             Chattels
             .
          
           
             Neither
             is
             there
             any
             form
             of
             words
             necessary
             for
             the
             king
             to
             use
             in
             the
             Dissolving
             the
             Parliament
             :
             If
             he
             bids
             
               them
               go
               home
            
             ;
             If
             he
             tells
             
               them
               he
               hath
               no
               further
               use
               of
               them
            
             ;
             or
             if
             he
             say
             ,
             
               They
               may
               be
               gone
            
             .
             So
             also
             if
             he
             
               Prorogue
               them
            
             for
             
               a
               thousand
               years
            
             ,
             it
             cannot
             be
             thought
             other
             than
             a
             Dissolution
             :
             The
             same
             would
             be
             if
             he
             
               Prorogued
               them
               for
               a
               hundred
               or
               tvventy
               years
               ,
            
             or
             any
             time
             above
             
               a
               year
            
             ,
             which
             is
             the
             boundary
             the
             Law
             hath
             set
             ;
             for
             if
             you
             exceed
             that
             ,
             what
             shall
             the
             time
             be
             ;
             or
             who
             shall
             have
             the
             authority
             to
             appoint
             it
             ?
          
           
             FINIS
             .
          
           
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A44192-e100
           
             Cook
             ,
             4.
             
             Rep.
             Slades
             Case
             .
          
           
             Leonard
             2.
             p.
             87.
             29.
             30.
             
          
           
             Crook
             .
             Eliz.
             185.
             
          
           
             Cook
             9.
             
             Rep.
             fol.
             16
             ,
             
               fully
               the
               Case
            
             .
          
           
             Co.
             12.
             
             Rep.
             Fol.
             65.
             
          
           
             Dyer
             ,
             98.
             
          
        
      
    
  

