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kingdom_n certain_a king_n time_n 2,645 5 3.5256 3 true
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A55894 A seasonable question, and an usefull answer, contained in an exchange of a letter between a Parliament-man in Cornwell, and a bencher of the Temple, London Parliament-man in Cornwall.; H. P., Bencher of the Temple. 1676 (1676) Wing P35; ESTC R5471 14,823 24

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August 1642 when the unhappy War began to rage freely confessed That it was upon his Prospect the unhappy State of the kingdom and of the inconveniencies and mischiefs that had grown by the long intermission of Parliaments and by the parting too much from the known Rule of the law to an arbitrary Power that induced him to consent freely to that Act in 1641 called vulgarly The Triennal Act which was in truth for Annual Parliaments re-enacting those very Acts of Edvv. 3. before mentioned He said he was willing in Justice and Favour to his Subjects to make them Reparations for their Sufferings they had undergon by him in omitting Parliaments I remember this chiefly to shew that his late Majesty when his Subjects were in Arms against him freely acknowledged the wrong he had formerly done them by failing to summon Parliaments as the Law required And professed that he had the year before freely and heartily consented to that Act which re-enacted those Antient laws of Edvv. 3. which are conceived amongst others to make the Prorogation void Yet I must tell you there are those that affirm all the laws for Annual Parliaments to be Musty absolete Statutes vvhose strength and life are devoured by time But it is enough to stop their mouthes that they have been declared by two Parliaments within 40 years last past to be the laws of our Realm and indeed they are laws of such a nature as cannot be weakened by any neglect of their due execution being declarative of the common law and a most essential part of the constitution of the English Government which altogether lives and subsists in and by the certainty of Parliaments meeting If it were admitted for Truth That neither the Common-Law nor the Statutes did indispensably oblige the Calling of Parliaments at any certain times but that their Meetings were only at the Wills of the kings then the kings did no wrong if they commanded the people as was once done in a kingdom by Proclamation Never to mention parliaments more If these laws be dead of Age the Antient Famous English-Liberty is dead with them the English must never more claim the Name of A Free People if they have no share by right in the Government of themselves by their certain rightful times of Parliaments But my Lord Cook part 1. of Instit. pag. 81. concludes rightly That no Act of prlaiament can loose its force or be antiquated by non user unless the Reason of it fail and the Use of it is impossible and by change of time becomes a publick mischief but not those especially vvhich are made to bind the Kings themselves for the Common good for such are the Lavvs for parliaments Yet he that observes in our English law books and Histories in the time of king John Hen. 8. Ed. 1. and Ed. 2. How the Nobles and Free-holders claimed their right by the Common law to meet in Parliament before these Statutes were made and how often they compelled their kings I do not say how lawfull such compulsion was when need required to call parliaments and if he observes also how constant these statutes for Annual parliaments were executed in many whole kings reigns succeeding each other next after their making and if he considers how slowly and slily this Grand Right of the peoples was invaded and stolen upon in latter Ages he will have little reason to pretend a non user of those Statutes yet if some neglects and defaults have been committed against the laws it concerns his Majesty in Conscience and the people in Interest much more not to permit it hereafter least patient sufferánce of the wrong become an argument against the peoples Right Pray Sir read the sense of our Ancestors upon the kings neglect of executing a law against the Pope whom they then adored 't is the Statute of Provisors of the 25 of Ed. 3. These are the words The king seeing the dammages and mischiefs before mentioned and having regard to the said statute c. Which statute holdeth its force and was never defeated repealed nor annull'd and by so much he is bounden by his Oath to cause the same to be kept as the law of the realm though that by sufferance and negligence it hath been sithence attempted to the contrary Truly Sir these seem to be honest plain old English words and if the Statutes about parliaments were put in the front or preface they would sound well from his Majesties mouth in a Nevv Statute But some there are Sir who find softer Cushons in a Parliament Seat than you do who to avoid the nullity of the prorogation assert That the Statutes for yearly Parliaments may be dispenced vvith by the kings Soveraign povver and prerogative being say they only Councils and Advices to the king and not obligatory This is boldly said if it could be as soundly proved it would put all questions between the king and his Subjects to everlasting silence if he can legally or of right dispence or absolve himself from all the bonds of the Law for holding parliaments by whom the Lawes are to be maintained and the highest transgressors punished he may dispence with the lawes whereby all other Courts sit and then he is loose from all lawes and nothing of right can be claimed of him by the subject To dispute with statutes of this nature by the king without limitation of time or other rule than his Will is the same in other words as to repeale or anull these statutes and revive them again when he pleaseth and that is to asume to the Crown singly the legislative power which consists as much in anulling as in making lawes And if that be the kings rightfull power then all the laws are absolutely dependant upon the Will of the king I have read that an attempt of the same kind was made by king Rich. 2. in setting up a Phantatick opinion as the Parliament then called it saying that the lawes of the Realm were in his head and in his breast but it cost the people very dear both in blood and treasure to confute it and the poor king lost his Crown and life for that fancy I will not trouble you or my self with the Common yet dangerous Doctrine of my Tribe about the kings Power to dispence with penall lawes by his non obstante I am only to inquire in this case what dispensing power the king hath over the statutes made and declared only to bind and limit the kings themselves in the execution of their Trust about the Government such as are in their prime true intent sacred Pacts or Arguments between the king and People though in honuor to the king there could not be aded to them the sanction of a penalty upon the king Judicialy These statutes that I now discourse of are the Foundations of our Government and declarative only shewing what our Government is that is by king and Parliament and how far the Crown is trusted with the power of