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cause_n appear_v king_n time_n 1,388 5 3.3713 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91421 The government of the people of England precedent and present the same. Parker, John, Baron of the Court of Exchequer. 1650 (1650) Wing P432; Thomason E594_19; ESTC R206925 13,181 20

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doe compleatly provide quod curia non debet deficere conquerentibus in Justitia exhibenda And it is true that those commands and prohibitions may be altered repealed or expounded or other made by the people only that is by their Representatives in Parliament in such manner as might seeme fittest and best for their benefit quiet and safety where alwayes was to be observed that ancient Rule Salus popu'i suprema lex esto Which forme of Government suiteth in all things with that so much applauded by the Philosopher and by him preferred before others And the truth is the Kings and Queenes that sent forth the Commands or Prohibitions heretofore were but Deputies to the Lawes to send or as Conduit pipes to convey the same Commands or Prohibitions that the Lawes directed so that here in this Nation the opinion of Antigonus is verified Regnum nihil aliud est quum nobilis servitus and that other opinion Reges cum jubent socundum leges sunt legis ministri And that is apparently manifested to be true by a familiar example viz. A Master of a Family having divers sonnes and servants directeth his eldest sonne or chiefe servant that whereas one other of the servants oweth to his fellow-servant 10. 1. or hath beaten his fellow-servant that he command that servant so owing the 10. l. or hath beaten his fellow-servant that he pay the 10. l. or make satisfaction to his fellow-servant for the battery upon pain of being turned out of his service which the sonne or chiefe servant doth accordingly In this case the Governor or Comander is the Master of the Family and it is his Command Qui per aliud facit per seipsum facere videtur and the eldest sonne or chiefe fervant but the instrument hee imployeth Verbum sapienti sat est And that they were but Ministers Officers and Servants to the Common-wealth appeareth as well by their admission thereunto at the time of their Coronation by the suffrages of the people as also by the Oath they then used to take for the due performance thereof which is the usual manner of making and constituting all other Officers and Ministers to the Common-wealth Now the Common-wealth Cicero lib. 3. de Republica defineth thus Rempublicam esse rem populi populus autem esse non omnis coetus multitudinis sed coetus juris concensu utilitatis communione consociatus And therefore I conceive the words Kingly Office in the late Act for the abolishing thereof is very proper if they could properly be called Kings for the reasons afore remembred and then if but Officers it will follow by good consequence they are removeable by the people viz. their Representatives who make them at their pleasure or at least upon miscarriage in their Office to the dammage of the Common-wealth so it hath been heretofore put in ure in former ages viz. Edw. 2. Removed and his sonne Edward then appointed Custos Regni And so Richard 2. displaced by the people and Hen. 4. then Duke of Lancaster appointed in his stead And this touching the Government of this Nation of England when there is no Parliament sitting is cleare to all from the constant usage continually from time to time continued and at this time is continued the same But as touching the time when there is a Parliament fitting which is that afore-mentioned by the Philosopher Cum de Rebus Leges Cumulate accurate loqui non possunt is the more difficult question which also upon serious examination will appeare that even the Government then is and ever was or ought to have been solely in the people as touching the altering or abrogating any of the old Lawes or constituting of new which is the prime and principall cause and occasion of convoking a Parliament Scil. circa ardua Regni as the Writ of Summons to Parliament expresseth it And as touching the Government by Kings Lords and Commons scil in time of Parliament it is fitly divided into two questions First whether the King had any interest in the Government in time of Parliament viz. of altering or abrogating former lawes or making of new And that is cleare that he had not which appeareth first by his Office and Oath to performe the same which is that he will grant and consent unto such Lawes Quas populus elegerit which must be construed which the people shall choose or else it is a non-sence the former part of the Oath being that he will governe by and according to the Lawes of the Land And it is also so expounded by 25. E. 3. Statut. de provisoribus the words whereof are these La Ley de dit Roylme est tiel que sur mischeife et dammages que aveignont al Roylme Roy doit et est tenus per son serement de la consent de son people in Parliament ent faire Remedy et ley en oustant les Mischeifes et Dammages And so also is Co. M. C. pag. 586. and then the King could have no negative voice rightfully and by Law it being contrary to the Law and his said Oath And if not the King then a fortiore not the Lords they being not so much as Officers of the Common-wealth and had nothing there to doe as may seeme for the publique but for their private interest to save them And it is agreed in our books that an Act of Parliament may passe and be valid without consent of the late Lords called Spirituall 7. H. 8. Cr. 184. b. Co. Jurisd 25. and yet Co. Jurisd 1.2 calleth them one of the three Estates and saith that they must necessarily be summoned to Parliament aswel as the Lords Temporall And truely the Case cited Co. Jurisd pag. 25.13 H. 4. N. 20. proveth plainly that a Parliament might be without the Lords Temporall also for there he saith I have read of a Restitution in bloud and of Lands of one William de Lasenby by the King by the assent of the Lords Spirituall and Commons omitting the Lords Temporall whereupon he saith This we hold is an Ordinance and no Act of Parliament which under his good favour must be an Act of Parliament or else is of little or no use for an Ordinance indureth and is of force onely sitting that Parliament and that determined the Ordinance is determined and so the restitution void and also a restitution in blood can onely be by Act of Parliament which bindeth all and this restitution is to binde the meane Lords and all others that are any wayes interessed by that corruption of bloud However since all Government is in the people from the people and for the people touching altering or abrogating of Lawes or making of new which none can doe without them and that they are now met by their Representatives in Parliament the place where the cure of such grievances as infest the people is to be had some of which grievances being that pretended Negative Vote both of King and Lords thereby thwarting crossing and