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cause_n chancellor_n king_n parliament_n 3,651 5 7.7763 4 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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the Rolls relates to the Jurisdicttive power of parliaments which is often very necessary as well as the legislative It enacts That a Parliament be yearly holden to redress delayes in suites and to end such cases as the Judges doubt the 5. of Ed. 2. n. 9 and 13. and the 2. R. 1. 2. n. 73. and in the 50. Ed. 3. n. 177. In the parliament called the good Parliament the same thing was enacted and confirmed and in the opening the parliament in the 2. Ric. 2. n. 4. the Lord Chancellor in shewing the causes of calling that parliament gives for the second reason of it That it vvas enasted that a Parliament should be yearly holden And the message sent from the parliament to the King in the 9. Ric. 2. by the Duke of Gloster tells that King That one old statute and laudable custom is approved vvhich no man can deny that the King once in a year do summon his high Court of parliament there to consult vvith the vvise men and so you may read in Grafton Page 3. 48. It seems the course of holding yearly parliaments then passed not only for statute law wherein that Kings Ancestors had joyned with his kingdom to ordain it but as the most undoubted Custom of England that is the Common law de-declared in and by the statutes they clayming it as their most unquestionable inheritance being the only Root of all their Liberties and Properties and the only pollitick meanes of their defence and safeguard and no doubt our Ancestors had reason sufficient to claime their yearly parliaments as the custom or common law of England seeing no Antiquary nor record can shew the original of that usuage having its beginning with the Government it self Certain times for Parliament meeting are in truth of the essence of the English government Parliaments were the first appointers or creators of all other Offices Jurisdictions Powers and Prerogatives in the Government Don Wallo writing of the Brittish lawes tells us of Parliaments annuall or oftner amongst them above 400 years before Christ. And the Mirror of Justice tells us that king Alfred ordained it for a perpetuall usuage That tvvice in the year or oftner they should assemble at London to treat in Parliament of the Government of the People So it was in the Saxon's time and continued in the Normans being admitted by Duke William called the Conquerour as the Custom of England as appears by that antient Treatise called Modus antiquus tenendo Parliamenti And after great contest between the king of that Race and the people it was setled by Statutes often renewed That Parliaments should be yearly as the Statutes shew Upon the whole I think it beyond dispute that by the Laws and Statutes of our Realm a Parliament ought to be holden every year And surely it is as certain that the last prorogation beyond a year being persisted in by the king till the year is past over did prevent and defeat the execution of those Laws and is in direct opposition to them The sence of what the Lord Chancellor said to prorogue the parliament was a plain contradiction to these laws He tells them It vvas his Majesties Will that there should be no Parliament holden for one vvhole year and some months next follovving Then the question will be if it be any Whether the king's Will and Word in the Lavv or his Word in the Lord Chancelor's mouth is most potent The whole Kingdom in Parliament and all the Books of the Law have alwayes judged the Law to be the kings Superiour to judge of the validity of all his Grants Orders Commissions Patents under Great and Little Seal and every Court in Westminster-Hall have always thought its Authority sufficient to Judge His Grants under Seal or any thing he hath done void if they did not agree with the Law 'T is a Civility and honour that our Laws pay to the king that they will not suppose him to will any thing otherwise than as the Laws direct or allow him and thence it was received as a Maxim That the King can do no vvrong Indeed all he does contrary to Law is doing nothing 't is to be holden for nothing by Magna Charta it self therefore if the last Prorogation do not agree with the Laws it is a meer Nullity It is worth your remembring that in the 38 Chap. of the Great Charter it is ordained That no King should devise or invent any thing to infringe or vveaken the Liberties and Lavvs And if either King or Subject should seek out any thing against them it should be of no value and holden for nought If the Prorogation were a device or trick sought out to weaken the Laws for holding Parliaments every year 't is judged to be nought or no Prorogation by 30 or 40 Parliaments which have confirmed and re-enacted the same Charter But I ought to acquaint you that there are great endeavours to support the Prorogation some alledging with noise enough That many Kings have intermitted Parliaments not only for more than a year but for many years But these seem not to understand the Question which is of the validity in Law of what the king hath done to the Parliament 'T is not now enquired what Remedies there are if Kings shall leave undone what the Law and their Trust require in calling parliaments all the positive exercises of power by the king may and ought to be judicially sentenced and approved for good if agreeable to the Laws or holden for none if they be contrary to the Law And this hath been the un-interrupted usuage of England in all Ages They have sentenced all his Charters Grants yea his very Pardons that seem to come so singly from his Soveraign power or prerorogative and the Prorogation ought upon the same reason to be tried by the Law and judged void if so it be by the Rules of the Law But the kings omission to put the Laws in execution in calling Parliaments at the times limitted by the Statutes or in appointing sufficient Guards for the Seas or in issuing out Commissions to the Judges or any the like These I say cannot be brought into Question Judicially there being no possible relief for the People in such cases but by supplimentary laws to be made in Parliament in case of such Omissions as was done by the parliament 1641. 'T is well for the People that the law hath provided that whatever the king shall do contrary to law shall go for nought though they suffer by his neglect their right and laws remain to them and such Omissions of the king as are before mentioned have alwayes been esteemed by Parliaments and People Failers or breaches of the kings high and sacred trust and 't is a pittiful Argument to prove that the kings might of right or by the laws omit to do what the law hath trusted to their care because they have sometimes broke their Trust. His late Majesty in his Declaration of the 12 of