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A40705 The case of the times discuss'd being a serious exercitation of two cases grounded upon Romans 13, vers. 1,2,3,4,5 : First, how far we are bound to obey, when we are not satisfied that the laws are for our good, 2nd, whether subjection more than not to resist powers : to which is added some remarks upon a late book entituled The Protestant reconciler / by Fr. Fullwood ... Fullwood, Francis, d. 1693. 1683 (1683) Wing F2497; ESTC R33315 30,137 166

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cum fuerint approbatae consensu utentium sacramento Regum confirmatae mutari non possunt nec distrui sine communi consensu consilio eorum c. Bracton li. 1. c. 2. Whence the Name Parliament implies Parlizing as J. Jenkins notes And accordingly Spelman's Definition of a Parliament is Parliamentum est solemne colloquium omnium ordinum Regni Authoritate Regis ad consulendum statuondumque de negotijs Regni indictum There is no Act of Parliament but must have the Consent of the Lords the Commons and the Royal Assent as it appeareth by Records and our Books Coke of Parliaments 'T is certainly now too late to say Laws may be made Without the Consent of the Commons in Parliament Is it not affirmed to be the Glory of the English Liberty that no Laws bind us but what are made by our selves See over the Stile of our Statutes anciently they seem to have been made upon the Petition and of late with the Advice and Authority of Parliament In Ancient Time all Acts of Parliament were in the Form of Petitions as my Lord Coke observeth but both imply an Antecedent Consent in the People Yet tho' I like not the mentioned Knight's Reasoning or Design very well give me leave by the way to remark that his Learned Smart and Bold Antagonist seem'd somewhat transported to another Extream when his Argument tempted him to make a Bill of Exclusion of the King and the Bishop out of the Fifth Commandment For the Decalogue hath been hitherto taken as the Summary of the Moral Law to which as to their Fountain-Heads all Moral Duties are reducible and consequently all the Moral Parts and Precepts in the Scriptures besides are but Expositions of those Ten Words And I cannot remember that any other Person doth and I am sure I cannot my self reduce Honour and Obedience to the King or the Priest so often injoyned in the Word of God to any of the Ten Commandments but to the Fifth at least so directly and intelligibly as to that But to return and apply this Discourse If the Consent of the Commons be necessary in order to the making our Laws this Consent is supposed to be rational and to be expressed with due Liberty therefore they must Debate and at least Consult with themselves and if occasion require Confer also and as it were Consult with the Lords And consequently 't is confest they are to use their Judgments about the Lawfulness and Fitness of the Matter of Laws And they are therefore intrusted from all parts of the Kingdom to see that such Laws and no other are to be made but what are expedient and for the publique Good or as they are excellently described and limitted by Isidor in the place so much celebrated by my Lord Coke and commended as a Rule for all Parliaments to follow Erit lex honesta justa possibilis secundum naturam secundum consuetudinem patriae temporique conveniens necessaria utilis manifesta quoque ne aliquid per obscuritatem incautum captione contrudat nullo privato commodo sed pro communi civium utilitate conscripta ideo in ipsa constitutione ista consideranda sunt quia cum leges institutae fuerint non erit liberum arbitrium judicare de ipsis sed oportebit judicare secundum ipsas SECT VI. When Laws are once made we ought to rest satisfied with their Conveniency Many Reasons for it I Know not that any thing can be added to the Conditions of Good Laws which are given us by Isidore These we see are to be considered in ipsa constitutione while the Laws are making that is by the Legislators Whether they be convenient pro commune civium utilitate or for the publique good But when they are once instituted there is left no liberum arbitrium no liberry to judge of them but it behoves every one to judge according to them and how to observe them When the Laws are once made the People at large among whom the Parliament Men themselves when dissolv'd are to be numbred are to acquiesce in them and the Conveniency of them and to put them in practice else they are made to no purpose And whatever Liberty men may naturally assume to judge of the Fitness of such Laws as they are Citizens and Subjects in this their Civil Capacity they are not to be Judges but Doers of the Law Do not we choose Discreet and Wise Men and send them to Parliament for this very purpose to consider what is Expedient to be made a Law Do not we devolve our own Power of Judgment in this Case upon our Representatives and trust them with it by our very Election If we give them not this we give them nothing Yea we have thereby put them into the Place and made it their Office and Duty to Judge for us And the Wise men of the Kingdom by our Act and Consent are together to consult what is best and have thereby infinite Advantages to judge of publique Conveniencies beyond the rest of the people scattered up and down the Kingdom Besides it is an evident part both of the Natural and Civil Honour due to our Law-makers and Rulers to submit our Judgments to their Determinations in matters of meer Order and Conveniency and an absolute Necessity for Peace and the publick Good obligeth us to it As to our Case When the Laws are made our Law-makers whom we intrusted for that purpose have already judged them Convenient Now what Reason have we to except against them if they be not against the Law of God If you say as some do the Civil Authority hath made Laws in the Matters of Religion 't is well known they are also injoyn'd by the Spiritual Power If others are offended at the Ecclesiastical the same things are required by the Civil Laws And if one of these Powers be not thought Sufficient you have both and indeed in each of them you have your selves For according to our excellent Constitution you your selves have determined in your Representatives both in the Parliaments and in the Convocation what is Convenient both in Church and State And if any are dissatisfied with the Constitution and would have that Altered to please a Humour they are scarce tolerable All the Commons in the Realm are represented in Parliament by the Knights and Burgesses Coke's Instit p. 4 158. And Sr. Thom. Smith saith Every English Man is intended to be there present either in Person or by Procuration and the Consent of the Parliament is taken to be every Man's Consent And no Laws are made but in this sence they are said to be Quas vulgus elegerit according to the Old Law If you say The Rulers ought to judge what is expedient in making the Laws this is nothing if the Subject hath Power yet to judge them inexpedient and to refuse to obey Say what shall give the binding Sentence as to practice the Law or private Opinion That is plainly