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A46947 An essay concerning Parliaments at a certainty, or, The kalends of May by Samvel Johnson. Johnson, Samuel, 1649-1703. 1693 (1693) Wing J826; ESTC R11823 20,302 52

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pur aides 〈◊〉 cuilets de 〈◊〉 Et ou les 〈◊〉 duissent faire al Common assent del Roy 〈◊〉 de ses Counties la le se font 〈◊〉 per le Roy 〈◊〉 ses Clerks 〈◊〉 per aliens 〈◊〉 autres que nosent contravener le 〈◊〉 eins 〈◊〉 de luy plaire 〈◊〉 de luy Counseller a son 〈◊〉 tout ne soit my le Counsel Covenable al Commons del People fans 〈◊〉 les Counties 〈◊〉 fans ensuer les Rules de 〈◊〉 〈◊〉 dount 〈◊〉 〈◊〉 se foundent 〈◊〉 〈◊〉 fur 〈◊〉 que sur Droit The second Abusion of the Law is that whereas Parliaments ought to Convene for the Salvation of the Souls of Trespassors and this at London and Two Times in the Year now a days they meet but seldom and at the Will of the King for Aids and Gatherings of Treasure And whereas Ordinances ought to be made by the Common Assent of the King and his Counties now they are made by the King and his Clerks and by Aliens and others that dare not Contradict the King but desire to Please him and to Counsel him for his own Profit though it be not Counsel which is Convenient for the Commons of the People without applying to the Counties and without following the Rules of Right Whereupon there are several of the present Ordinances that are rather founded upon Will than upon Right From this Passage I shall only observe that the Place of a Parliament's meeting is Fixed and still at London And that the Two Times a Year was standing Law down to King Edward the First though Abusions and Court-Practices had broken in upon the Law Now let us see how the Law stood afterwards wherein I can only consult the Books I have by me for I have not Health enough to go and Transcribe the Records in the Tower but take them upon Content as they lie in Sir Robert Cotton's Abridgment of the Records in the Tower And there in the very first Page 5 Ed. 〈◊〉 it is Ordained Que Parliament serra tenus un ou deux foits per An. That a Parliament shall be held one Time or Two Times a Year Here you see the Twice a Year is 〈◊〉 into Once or Twice The next is p. 93. of the same Bock 36. Ed. 3. The Print touching the Yearly holding of a Parliament cap. 10. agreeth with the Record Now the Print is Item for Maintenance of the said Articles and Statutes and Redress of divers Mischiefs which Daily happen a Parliament shall be holden every Year as another time was Ordained by Statute Now that Statute as I find by the Statute-Book for I cannot find it in Sir Robert Cotton is thus 4 Ed. 3. cap. 14. Item it is accorded that a Parliament shall be holden every Year Once and more Often if need be By the Reason given in the 36 Ed. 3. cap. 10. just now recited for a Yearly Parliament one would think it should be a Daily Parliament because it is for the Maintenance of former 〈◊〉 and Redress of divers Mischiefs which Daily happen But I believe that a Parliament which Sits but Forty Days in the Year are able to do that Work Concerning which we will enquire further afterwards In the 50 Ed. 3. p. 138. The Parliament's Demand or Petition is this That a Parliament may be holden every Year the Knights of the Parliament may be chosen by the whole Counties and that the Sheriff may likewise be without brokage in Court The King's Answer is this To the Parliament there are Statutes made therefore To the Sheriffs there is answer made To the Knights it is agreed that they shall be chosen by common Consent of every County After these Three Laws in Ed. 3d's Time we come to the First of King Richard the Second p. 163. where the Petition or Demand for a Yearly Parliament is this That a Parliament may be Yearly holden in convenient place to redress Delays in Suits and to end such Cases as the Judges doubt of The King's Answer is It shall be as it hath been used In the 2 R. 2. p. 173. By the King's Commandment one Cause of opening the Parliament is Declared to be this Secondly for that it was enacted that a Parliament should Yearly be holden Nay if the Court insist upon a Yearly Parliament the Country may and ought Thus stood the Law of England till the 16 Caroli 1. when that King having discontinued Parliaments for Twelve Years and created a Distrust of him in the Breasts of his People which was Just for if a Prince spoil the Government for Twelve Years together who shall Trust him in the Thirteenth The Nation found a Necessity of having a Cautionary Parliament every Third Year to secure their Annual Parliaments for the Two Years immediately foregoing This is the true Reason of the Act for a Triennial Parliament which was a perfect Innovation both Name and Thing For I challenge any Antiquary Lawyer or Person whatsoever that has turned over Books to shew me the word Triennial joined to the word Parliament from the Foundation of this Government till the Year 1640. A Triennial Parliament therefore is so far from being the Constitution of this Government that if it were so a great number of our present Lords and Commoners are Older than the Constitution and were Born before it But as I said before that Act was only a Cautionary Act as a Town or Gate of a City is taken in Caution for performance of Articles This appears by the first thing which is Enacted in that Law namely That the Laws for a Parliament to be holden at least once a Year shall hereafter be duly Kept and Observed Scobel's Coll. 16 Car. 1. Cap. 1. This Act was Gently drawn up and had more of a Prospect than a Retrospect and does not look back into those Oppressions which King Charles himself in his large Declaration of August the 12th does acknowledge were Insupportable which were wholly owing to this long Intermission of Parliaments but it wisely provides that in case the two first Years Parliaments should fail then came a Peremptory Parliament which the King and Keeper might call if they pleased but if they did not the Counties and Burroughs of England were forced to send It is an Act that executes it self like our Act for Burying in Woollen and he that will see the Wisdom of it may read it where I have quoted it After this comes the Act 16 Car. 2. cap. 1. and repeals this Triennial Act because say they It is in Derogation of his Majesty's just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments whereupon the Triennial Act is Annulled as if it had never been made I wish it had never been made But we will stop there first It is annulled as if it had never been made There is nothing lost by that for then our Parliaments are where they were which was Due Annual Well now let