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A45022 The power of parliaments asserted by G.H. in a letter to a friend, lately chosen a member of the House of Commons, in answer to an indigested paper by E.F. called, A letter from a gentleman of quality to his friend upon his being chosen a member to serve in the approaching Parliament, being an argument relating to te point of succesion to the crown, &c. ... G. H. 1681 (1681) Wing H35; ESTC R17378 15,347 12

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though perhaps not of the Justice of Parliaments concerning their Power I will give you my Lord Cookes Sense whose Authority my Author seems to value elsewhere The Power and Jurisdiction of Parliament for making of Laws in proceeding by Bill is so transcendent and absolute as it cannot be confined either for Causes or Persons within any bounds Inst 4. C. 1. to whose unlimited power the Judge applyes the Verse of Virgil. Hic ego nec metas rerum● nec tempora pono Intimating the same I must now to make my position good give you some Examples of their Extravagancies yet binding Acts Jan. 26. An. 14. Edw. 4. It was Enacted that Henry Duke of Buckingham should be to all Intents and purposes reputed and taken a person of full Age of 21 years It may Bastardize a Child that is by Law Legitimate as in Marys Wine Case 5.6 Ed. 6. It may Bastardize Secundum quid as to part to bar the Fathers Inheritance and not the Mothers as the late case of the Children of the Lady Anne Pierpoint it can Legitimate Totally or Secundum quid as in the Case of the Children of the Duke of Lancaster who were Legitimated to all Capacities but the Crown it can allow a man to marry another Wife his former being living as the Case of L. R. nay it can dispense with a new intermarriage to both parties no peccancy in the Case as the King and the Lady Anne of Cleve 23 H. 8. C. 25. If these Examples now be not at least some of them contrary to Gods Law I 'me in the dark what is There being a positive Text in one Case as Whom God hath joyned together let no man put asunder and the other so signally Anathematized as it may be said by Moses A Bastard shall not enter into the Congregation of the Lord even to the Tenth Generation Deut. 23.2 But of all the Examples of their Power there is none greater than that of T. Cromwell Earl of Essex whose Story is commonly mistaken but it lyes thus the King Commanded the Earl to attend the Chief Justices To know whether a man that was forthcoming might be Attained by Parliament of Treason and never called to his Answer The Judges made Answer That it was a dangerous question The High Court of Parliament ought to give Examples to Inferiour Courts and none of them could do the like and they thought that the Parliament would never do it but being prest again by a second Message for a Positive Answer They said If he be Attainted it could not come in question afterwards whether he was called or no The Earl soon after was sent to Prison Attainted without being called to Answer and Executed accordingly That this Statute was contrary to Gods Law none will Dispute that Considers that saying of Nichodemus Doth our Law Judge any man before it hear him I. 7.51 De. 17.10.8.19.15 and know what he doth now as much contrarient to use E. F's new Word once more as this Law was and is to Gods Law it s so far from being Voyd in respect of that that it Works to this day that Family Suffering under it yet as deprived by virtue of that harsh Attainder of the Earldom of Essex which no Prince or Parliament ever yet took notice of to the Advantage of that Injured Lord. I shall give you another Instance that Acts of Parliaments against the Law of God quoad forum humanum though not in foro Conscientiae to man-ward though not to God-ward are binding which is to be so understood by my position at the beginning of this Paragraph for though we must chuse rather to Obey God than Man yet to Oppose by force an Act so made viz. contrary to Gods Law is Treason by mans Law as it may be Circumstanced my Presidents are such as both Papists and Protestant E. F. and G. H. will agree to be such The Bloody Statute of the VI Articles which made Popery a Statute Religion as well as some say that Protestanism is made so since was against all the Rules and Methods of Christianity and consequently against the Laws of God as all Protestants hold yet it must be allowed to be binding as long as it lasted The Papists viz. E. F. and his Fellow Clubbers at the Compendium of the Plot that bundle of Lyes and Ill manners without doubt think and upon Occasion will say that our Sanguinary Laws against Priests are against the Laws of God yet even they will not deny but they are binding Quoad Forum Humanum to manward Now as Conclusive and in Answer concerning what he says That his Sacred Majesty that now is will not suffer in his time a Pearl of this Magnitude and Oriency to be Ravished by any hands out of the Imperial Diadem of this Realm I shall offer this That a Declarative Act of that Power in the Parliament is the greatest Security to any Prince Regnant in the Case of a contingent remainder as I will put a Case which may but I hope will never be our own admit the now Queen of Spain happen to be the next remainder or Presumptive Heir which God forbid and being Acted by her Husbands and other Popish Councils should without natural Affection which is always with them postpond to Religion attempt to remove the Obstruction by Vile Agents Quis tot referre fa●inorum formas potest Regnum petentis per gradum omnium scelerum Who can express the Methods of Impieties in them that ambitiously seek after a Kingdom commit insolent overtacts as quartering the Arms of England as Mary of Scotland did when Queen of France which might be the occasion with the continuando of that Act of the 13 of Eliz. so much talked on nay admit her Husband the King of Spain should make open War by attempting an Invasion and Claim the present Possession of the Crown as devolved unto the Pope for Heresy and from him consigned unto that King who without doubt hath as good a Title to the Crown of England The Example of Spain disinhersting the Daughter as Julio II. had to Navarr yet the King of Spain holds upper Navarr that is all in a manner worth holding by Virtue of that Grant to this very day it s well enough known how other Crowns too have been disposed on by the See of Rome what shall we in such a Case sit and Sigh and feed our Fancies with a company of insignificant Wishes Hang up a Rogue or too when we can catch e'm Mac. L. 1. C. 3. V. 36.37 and behave our selves like the foolish Jews who tamely let their Throats be Cut on the Sabbath day without resistance shall we with them say Let us die in ' our Innocency Heaven and Earth shall testify for us That you put us to Death Wrongfully Spain in the late Marriage with France provided against all Contingencies of that Nature by making the Daughter of Spain renounce all pretensions to the Crown in Case it should happen to be her Right and though it may be Objected it was not Injurious because of her Assent yet whoso Considers Her Young Years will not Argue much from thence If there was no Remedy in such a Case especially when there is a natural impossibility of defeating the Presumptive Heir by natural means as in the Case of the late great Queen what encouragement can any man have to do his Duty in Defending the present Successour from the practises of the Impatient Heir when he is sure to be at last layd open to all Injuries imaginable The Holy League to prevent that Petitioned the Consistory at Rome That they might have leave to overthrow the Succession in a full Assembly of the States and to make the naming of a Successor Subject unto the said States yet none of that Party concerned themselves much with the unreasonableness of that Petition being satisfied I suppose with the expediency of the thing Therefore since that no Laws can be or has been made but such as shall at some time entrench upon some particulars It rests then naturally in the Supremacy to add what new ones it in reason shall think fit that being the only proper Judge of all Conveniences in that Case to think otherwise were to dismantle and disarm the Government by making it so defective as not to be able to provide either for its own Support or our Security a Parliament viz. the King and his Three Estates being then the only Remedy in such a Juncture I shall apply for a Conclusion to that uncontroulable and unaccountable Authority the 33.34 Verses of Job 41. Vpon Earth there is none like him who is made without fear He beholdeth all High things He is a King over all the Children of Pride no more Worthy Sir but I am Your Humble Servant G. H.