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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44189 The Long Parliament dissolved Holles, Denzil Holles, Baron, 1599-1680. 1676 (1676) Wing H2463; ESTC R7214 14,305 24

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what would it avail since it is directly contrary to so many known Lavvs For if a President can make an illegal thing lawful there is no wickedness under the Sun but may bring a President to warrant it And therefore the greatest Sages of the Law have alwayes asserted That the Lavv is the Met-vvand and Standard of Presidents And that all Presidents against the Lavv vvere to be rejected as vvicked and unvvarantable or else you give Presidents the Mastery over the Lavv Nay null the Lavv and set up a new Rule of our practice We have presidents and very an●ient presidents to that that this kingdom was of the Romish profession what is it therefore warrantable for us to follow those Presidents contrary to law and turn Papists we have a president that king John contrary to law resign'd the realm of England to the Pope Is it therefore lawful for any other king of England to do the same VVe have also a president that Queen Eliz. from whence your president is fetch'd contrary to law Imprisoned some Members of the House of Commons for speaking their mind in parliament Is it therefore ever the more lawful for the king and his successors to violate your priviledges VVherefore unless the presidents be lawful it is not lawful to follow your presidents unless you your selves would be made presidents to future Ages And therefore it was well said by the Lord chief Justice Brampston We are not to stand upon presidents but upon the lavvs and the presidents look either the one vvay or the other they are to be brought back unto she Lavv. And the Lord Justice Vaughan tells you thus Though Presidents have been so often that they may be called by the Name of Usuage yet that if usuage hath been against the obvious meaning of an Act of Parliament in the vulgar and common acceptation of the Word then is it rather an Oppression of those concerned than an Exposition of the Act. VVherefore unless you will stand upon record as the oppressors of all the people of England for no less than all the people of England are concerned herein you can never admit of any president against the obvious meaning of not one Act alone but so many Acts of parliament and that not in a wrested sence but in the plain vulgar and common acceptation of the word Your duty lying thus manifestly before you there is nothing worthy a man that can obstruct you For it is only the single fear that the people will not choose you again that canmake you deny it and to deceive any in thetrusts they have given you because you doubt they will credit you no more is but an odd kind of honesty neither does the policy thereof look over strong for to be sure your betraying your trusts in opposing the Laws and the Interest of the People is never the way to be chosen again But on the contrary your stout and faithful standing for and defending them is an infallible way to have your trusts renewed And to think to keep it against the peoples will is a weakness too great for any man that would be reckoned more than once removed Pray remember your Elder Brother the former long Parliament they would sit against the peoples desire and yet though they had a special Act of Parliament for their sitting and an Army to back that Act yet you see when the peoples minds were turned against them do they and their Army what they could the people never left till they had unroosted them they took such vengeance on them as cost many of them their Lives their Liberties and the Fortunes of almost all of them All which it is possible might have been saved had they observed their season and instead of imposing themselves let the People have had their yearly Representatives for lack of which the dissatisfaction and revenge of the People was engaged against them so that it was engaged against them so that it was themselves that first pull'd dowin ruine upon their own heads For by their long sitting they wearied the Roundhead as you have done the Cavalire And the worst Omen that befa●ls a Government is when its friend falls from it And look what was the reason that turned the Gentlemen that were on the Parliament side against them and you will find the self-fame reason turneth your old Friend against you for as they stomack'd it then to see a few of themselves perpetuating their own Rule to the exclusion of all others so do we now And if the Nation would not endure that parliament though they had a Law for their sitting because of their strange and unwonted length can you think the same people will abide your longer sitting in express and utter defiance of all the laws of the kingdom And shall it be told to future generations That England chose a Parliament in sixty one who after they had sate fifteen years and were by an illegal Prorogation legally dissolved yet out of a wretched unconscionable desire to sit yet longer Betrayed the People that chose them and sate upon a Prerogative account contrary to the knovvn Laws of the Kingdom Nor let any man think it strange that we account it Treason for you to sit and Act contrary to our Laws For if in the first parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of Treason for suarendring the places committed to their Trust How much more you if you turn Renegadoes to the People that entrusted you and as much as in you lies surrender not a little pittifull Castle or two but all the legal defence the People of England have for their lives liberties and properties at once Ne●ther let the vain perswasion delude you that no president can be found that one English Parliament hath hang'd up another though peradventure even that may be proved a mistake for an unpresidented crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a parliament What ground of confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthyness do provoke us to it that we will use our honest and uttermost endeavours whenever a New parliament shall be called to choose such as may convince you of your mistake The old and infallible Observation That parliaments are the pulse of the people shall loose its esteem or you will find that this your presumption was overfond however it argues but a bad mind to 〈◊〉 because it believes it shall not be punished But all grand offenders against the Law ever were of that belief but it hath faild them very oft For Andrevv Horn in his Mirror of Justice tell us That Alfred hanged Darling Segnor Cadvvine Cole and 40 Judges more for judging contrary to Law And yet all those false judgements were but in