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A83414 A remonstrance or The declaration of the Lords and Commons, now assembled in Parliament, 26. of May. 1642. In answer to a declaration under His Majesties name concerning the businesse of Hull, sent in a message to both houses the 21. of May, 1642 ... England and Wales. Parliament.; Elsynge, Henry, 1598-1654. 1642 (1642) Wing E2227B; ESTC R222786 18,138 16

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of Parliament And because the Advice of both Houses of Parliament hath through the suggestions of evill Councellors been so much undervalued of late and so absolutely rejected and refused wee hold it fit to declare unto the Kingdome whose honour and interest is so much concerned in it what is the priviledge of the great Councell of Parliament herein and what is the Obligation that lyeth upon the Kings of this Realme to passe such Bills as are offered unto them by both Houses of Parliament in the name and for the good of the whole Kingdome whereunto they stand ingaged both in conscience and in justice to give their royall assent In conscience in respect of the Oath that is or ought to be taken by the KINGS of this Realme at their CORONATION as well to confirme by their Royall assent such good Lawes as their people shall choose and to remedy by Law such inconveniences as the Kingdom may suffer as to keepe and protect the Lawes already in being as may appeare both by the forme of the Oath upon Record and in bookes of good Authoritie and by the Statute of the 25. Edw. 3. entituled the Statute of Provisors of Benefices the forme of which Oath and the cause of that Statute concerning are as followeth Rot. Parl. 1. H. 4. N. 17. 2. Forma juramenti soliti consueti praestari per Reges Angliae in eorum Coronatione Servabis Ecclesiae Dei Cleroque populo pacem ex integro concordiam in Deo secundum vires tuas Respondebit Servabo Facies fieri in omnibus judicis tuis equam rectam justitiam discretionem in misericordid lenitate secundum vires tuas Respondebit Faciam Concedis justas leges consuetudines esse tenendas permittis per te eas esse protegendas ad honorem Dei corroborandas quas vulgus elegerit secundum vires tuas Respondebit Concedo permitto Adijcianturque praedictis interrogationibus quae justa fuerint pernunciat isque omnibus confirmet Rex se omnia servaturum sacramento super altare praestito coram cunctis A Clause in the Preamble of a Statute made 25. Edw. 3. Entituled the Statute of Provisors of Benefices Whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the Law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by hid Oath with the accord of his people in his Parliament thereof to make remedy and Law and in removing the mischiefes and damages which thereof ensue that it may please him thereupon to ordaine remedy Our Lord the King seeing the mischiefes and damages before-mentioned and having regard to the said Statute made in the time of his said Grandfather and to the causes contained in the same which Statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Realme though that by sufferance and negligence it hath been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers His Parliaments holden heretofore willing to ordaine remedy for the great damages and mischiefes which have hapned and daily do happen to the Church of England by the said cause Here the Lords and Commons claime it directly as the right of the Crowne of England and of the Law of the Land and that the King is bound by his Oath with the accord of his people in Parliament to make remedy and Law upon the mischiefes and damages which happen to this Realme and the King doth not deny it although he take occasion from a Statute formerly made by his Grandfather which was layd as part of the grounds of this Petition to fixe his Answer upon another branch of his Oath and prefermits that which is claimed by the Lords and Commons which he would not have done if it might have been excepted against In justice they are obliged thereunto in respect of the trust reposed in them which is aswell to preserve the Kingdome by the making of new Lawes where there shall be need as by the observing of Lawes already made A Kingdome being many times as much exposed to ruine for the want of a new Law as by the violation of those that are in being and this is so cleare a right that no doubt His Majesty will acknowledge it to be as due unto his people as his protection but how farre forth he is obliged to follow the judgement of his Parliament therein that is the question And certainly besides the words in the Kings Oath referring unto such Lawes as the people shall chuse as in such things which concerne the Publique Weale and good of the Kingdome they are the most proper Judges who are sent from the whole Kingdome for that very purpose so wee doe not finde that since Lawes have passed by way of Bills which are read thrice in both Houses and committed and every part and circumstance of them fully weighed and debated upon the commitment and afterwards passed in both Houses that ever the Kings of this Realme did deny them otherwise then is expressed in that usuall Answer Le Roy savisera which signifies rather a suspension then a refusall of the Royall Assent and in those other Lawes which are framed by way of Petitions of Right the Houses of Parliament have taken themselves to be so farre Judges of the Rights claimed by them that when the Kings answer hath not in every point been fully according to their desire they have still insisted upon their claime and never rested satisfied till such time as they had an answer according to their owne demand as was done in the late Petition of Right and in former times upon the like occasion and if the Parliament be Judge between the King and his people in the Question of Right as by the manner of the claime in Petitions of Right and by Judgements in Parliament in Cases of illegall Impositions and Taxes and the like it appeareth to be why should they not be so also in the question of the common good and necessitie of the Kingdome wherein the Kingdome hath as cleere a right also to have the benefit and remedy of Law as in any thing whatsoever and yet we doe not deny but in private Bills and also in publick Acts of Grace as Pardons and the like grants of favour His Majestie may have a greater latitude of granting or denying as he shall thinke fit All this considered we cannot but wonder that the Conniver of this Message should conceive the people of this Land to be so voyd of common sense as to enter into so deep a mistrust of those that they have and his Majesty ought to repose so great a trust in as to despaire of any securitie in their private