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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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this fundamental Right and Priviledge is the 25th Ed. 3. ch 23. called the Statute of Provisors which was made to prevent and Cut off the Incroachments of the Bishops of Rome whose Vsurpations in disposing of Benefices occasioned intollerable Grievances wherein in the Preamble of the said Statute it is expressed as followeth Whereupon the Commons have prayed our said Soveraign Lord the King that sith the Right of the Crown of England and the Law of the said Realm is such that upon the Mischiefs and Damage which happeneth to his Realm he ought and is bounden of the accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the Mischiefs and Damage which thereof cometh That it may please him thereupon to provide Remedy Our Soviraign Lord the King seeing the Mischiefs and Damage before named and having regard to the said Statute made in the time of his said Grand-Father and to the Causes contained in the same which Statute holdeth always his force and was never defeated or annulled in any point and by so much is bound by his Oath to do the same to be kept as the Law of this Realm though that by Sufferance and Negligence it hath since been attempted to the contrary And also having regard to the grievous Complaints made to him by his People in divers Parliaments holden heretofore Willing to ordain Remedy for the great Damages and Mischiefs which have happened and dayly do happen by the said Cause c. By the assent of all the great Men and Commonalty of his said Realm hath Ordained and Established c. In which preamble of the Statute we may observe 1. The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome 2. The many Complaints the People had made who in those dark times under Popery were sensible of groaning under those Burdens 3. The Endeavours used in vain by former Parliaments to Redress the same And to bring their Laws in being to have their Force and Effect 4. The acknowledgment of the King and Parliament that the Obligation hereto was upon the King. 1. From the Right of the Crown which obliged every King to pass good Laws 2. The Statute in force 3. The King's Oath to keep the Old and pass new Laws for his Peoples safeguard which they should tender to him 4. From the sence of the People expressed in their Complaints and 5. From the Mischief and Damage which would otherwise ensue And therefore by the desire and accord of his People He passes this famous Law. The Preamble whereof is here recited Another Statute to the same purpose you find 2. R. 2. No. 28. Also the Commons in Parliament pray that forasmuch as Petitions and Bills presented in Parliament by divers of the Commons could not heretofore have their Respective Answers That therefore both their Petitions and Bills in this present Parliament as also others which shall be presented in any future Parliament may have a good and Gracious Answer and Remedy ordained thereupon before the departing of every Parliament And that to this purpose a due Statute be ensealed or Enacted at this present Parliament to be and remain in Force for all times to come To which the King Replyed The Kings Answer THE King is pleased that all such Petitions deliver'd in Parliament of things or matters which cannot otherwise be determined A good and Reasonable Answer shall be made and given before the Departure of Parliament In which excellent Law we may observe 1. A Complaint of former remisness their Bills having aforetime been pass'd by their Grievances Unredressed by unseasonably Dissolving of Parliaments before their Laws could pass 2. That a Law might pass in that very Parliament to rectifie that Abuse for the future And 3. That it should not pass for a temporary Law but for perpetuity being of such absolute Necessity that before the Parliaments be dismissed Bills of common Right might pass And the King agreed hereto Suitable hereto we have my Lord Chief Justice Coke that great Oracle of the Law in his Instit 4. B. p. 11. Asserting Petitions being truly preferr'd though very many have been Answered by the Law and Custom of Parliament before the end of Parliament This appears saith he by the ancient Treatise De Modo tenendi Parliamentum in these Words faithfully Translated The Parliament ought not to be ended while any Petition dependeth undiscussed or at the least to which a determinate Answer is not made Rot. Par. 17. E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2. 134. 2 R. 2. No. 38. 1 H. 4. 132. 2 H. 4.325 113. And that one of the principal ends of calling Parliaments is for redressing of Grievances that daily happen 36 E. 3. c. 10. 18 E. 3. c. 14. 50 E. 3. No. 17. Lyons Case Rot. Par. 1 H. 5. No. 17. 13 H. 4. No. 9. And that as concerning the departing of Parliaments It ought to be in such a manner saith Modus Tenendi viz. To be demanded yea and publickly Proclaimed in the Parliament and within the Palace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received Answer thereto if there be none such it is to be supposed that every one is Satisfied or else Answered unto at the least so far forth as by the Law he may be And which custom was observed in after Ages as you have heard before Concerning the Antiquity and Authority of this Ancient Treatise called Modus tenendi Parliamentum saith my Lord Coke whereof we make often use in our Institutes Certain it is that this Modus was Rehearsed and Declared before the Conqueror at the time of his Conquest and by him approved for England and accordingly be according to Modus held a Parliament for England as appears 21 E. 3. fo 60. Whereby you clearly perceive that these wholsome Laws are not only in full agreement with the Common Law and declartive thereof but in full accord with the Oath and Office of the Prince who has that great trust by the Law lodged with him for the good and benefit not hurt and mischief of the People viz. First these Laws are very suitable to the Office and Duty of a Ruler and the end for which he was instituted by God himself who commands him to do Judgment and Justice to all especialy to the Oppressed and not to deny them any request for their relief protection or welfare 2 Sam. 22.3 1 Chron. 13.1 to 5. 2 Chron. 9.8.19.5 c. Est 1.13 Our Law Books enjoyning the same as Bracton Lib. 1. c. 2. Lib. 3. c. 9. fol. 107. c. Fortiseue ch 9. fo 15. c. 7. fol. 5.11 Coke 7. Book Reports Calvins Case f. 11. Secondly they are also in full Harmony with the Kings Coronation Oath Solemnly made to all his Subjects viz. To grant fullfil and defend all rightful Laws which the Commons of