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A65176 Vox populi, or, The peoples claim to their Parliaments sitting, to redress grievances, and provide for the common safety, by the known laws and constitutions of the nation humbly recommended to the King and Parliament at their meeting at Oxford, the 21th of March. 1681 (1681) Wing V729; ESTC R6049 10,228 18

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Vox Populi OR THE Peoples Claim TO THEIR PARLIAMENTS SITTING To Redress Grievances and Provide for the COMMON SAFETY BY The known Laws and Constitutions of the Nation Humbly Recommended to the KING and Parliament at their Meeting at OXFORD the 21th of March. Rex meritò debet Retribuere Legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Bracton lib. 3. c. 9. fol. 107. The King ought deservedly to give the Law his due because the Law gave it him for the Law makes him a King. Prov. 22.28 Remove not the Ancient Land-mark or Bound which thy Fathers have set LONDON Printed for Francis Smith at the Elephant and Castle near the Royal Exchange in Cornhill 1681. Vox Populi OR The PEOPLES Claim to their PARLIAMENTS Sitting to Redress Grievances and to provide for the Common Safety by the Known Laws and Constitutions of the Nation Recommended to the KING and PARLIAMENT at their meeting at Oxford c. SInce the Wonderful Discovery and undenyable Confirmation of that horrid Popish Plot which designed so much ruine and mischief to these Nations in all things both Civil and Sacred and the unanimous Sence and Censure of so many Parliaments upon it together with so many publick Acts of Justice upon so many of the Traytors it was comfortably hoped before thirty Months should have past over after the Detection thereof some effectual Remedyes might have been apply'd to prevent the further attempts of the Papists upon us and better to have secured the Protestants in their Religion Lives and Propertyes But by sad experience we have found that notwithstanding the Vigorous Endeavours of three of our Parliaments to provide proper and wholsome Laws to Answer both ends Yet so prevalent has this Interest been under so potent a head the D. of Y. as to stifle in the Birth all those hopeful Parliament-Endeavours by those many Surprizing and Astonishing Prorogations and Dissolutions which they have procured whereby our fears and Dangers have Manifestly increased and their Spirits heightned and incouraged to renew and Multiply fresh Plottings and Designs upon us But that our approaching Parliament may be more successeful for our Relief before it be too late by being permitted to sit to Redress our Grievances and to perfect those Good Bills which have been prepared by the former Parliaments to this purpose these following Common Law Maxims respecting King and Parliament and the Common and Statute Laws themselves to prevent such unnatural Disappointments and Mischiefs providing for the sitting of Parliaments till Grievances be redress'd and publick Safety secured and provided for are tendered to consideration Some known Maxims taken out of the law-Law-Books 1. Respecting the King. That the Kings of England can do nothing as Kings but what of right they ought to do That the King can do no wrong nor can he dye That the Kings Prerogative and the Subjects Liberty are determined by Law. That the King hath no Power but what the Law gives him That the King is so called from Ruling well Rex a bene Regendo viz. according to Law Because he is a King whilst he Rules well but a Tyrant when he Oppresses That Kings of England never appear more in their glory splendor and Majestick Soveraignty than in Parliaments That the Prerogative of the King cannot do wrong nor be a Warrant to do wrong to any Plowd Comment fol. 246. 2. Respecting the Parliament That Parliaments constitute and are layd in the Essence of the Government That a Parliament is that to the Common-Wealth which the Soul is to the Body which is only able to apprehend and understand the symptoms of all Diseases which threaten the Body politick That a Parliament is the Bulwark of our Liberty the boundary which keeps us from the Innundation of Tyrannical Power Arbitrary and unbounded Will-Government That Parliaments do make new and abrogate Old Laws Reform Grievances in the Common-Wealth settle the Succession grant subsidies And in summe may be called the great Phisitian of the Kingdom From whence it appears and is self evident if Parliaments are so absolutely necessary in this our constitution That they must then have their certain stationary times of Session and continuance for providing Laws essentially necessary for the being as well as the well being of the People and Redressing all publick Greivances either by the want of Laws or of the undue Execution of them in being or otherwise And suitable hereunto are those Provisions made by the Wisdom of our Ancestors as recorded by them both in the Common and Statute-Law First What we find hereof in the Common Law. The Common Law saith my Lord Coke is that which is founded in the immutable Law and light of Nature Coke lib. 7. Rep. p. 12 13. agreeable to the Law of God requiring Order Government Subjection and Protection c. Containing ancient usages Warrented by Holy Scripture and because it is generally given to all it is therefore called Common And further saith Lib. 9. Preface That in the Book called The Mirror of Justice appeareth the whole frame of the ancient common Laws of this Realm from the time of K. Arthur 516. till near the Conquest which Treats also of the Officers as well as the diversity and Distinction of the Courts of Justice which are Officinae Legis and particularly of the High Court of Parliament by the name of Council General or Parliament so called from Parler-la-ment speaking judicially his mind And amongst others gives us the following Law of King Alfred who Reigned about 880. Le Roy Alfred Ordeigna pur usage perpetuel que a deux foits per lan ou plus sovene pur mistier in temps de peace se Assembler a Londres Mirror of Justice ch 1. Sect. 3. pur Parliamenter surle guidement del people de dieu coment gents soy garderent de pechers viverent in quiet receiverent droit per certain usages et saints Judgments King Alfred Ordaineth for a usage perpetual that twice a year or oftner if need be in time of peace they shall Assemble themselves at London to Treat in Parliament of the Government of the People of God how they should keep themselves from Offences should live in quiet and should receive right by certain Laws and holy Judgments And thus saith my Lord Coke you have a Statute of K. Ld. Cokes Comment upon it Alfred as well concerning the holding of this Court of Parliament twice every year at the City of London as to manifest the threefold end of this great and Honourable Assembly of Estates As First That the Subject might be kept from offending that is that Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That men might live safely and in quiet Thirdly That all men might receive Justice by certain Laws and holy Judgments that is to the end that Justice might be the better administred that Questions and Defects in Laws might