Selected quad for the lemma: england_n
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A65176
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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.
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1681
(1681)
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Wing V729; ESTC R6049
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10,228
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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
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. Rex meritò debet Retribuere Legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Bracton lib. 3. c. 9. fol. 107. The King ought deservedly to give the Law his due because the Law gave it him for the Law makes him a King. Prov. 22.28 Remove not the Ancient Land-mark or Bound which thy Fathers have set LONDON Printed for Francis Smith at the Elephant and Castle near the Royal Exchange in Cornhill 1681. Vox Populi OR The PEOPLES Claim to their PARLIAMENTS Sitting to Redress Grievances and to provide for the Common Safety by the Known Laws and Constitutions of the Nation Recommended to the KING and PARLIAMENT at their meeting at Oxford c. SInce the Wonderful Discovery and undenyable Confirmation of that horrid Popish Plot which designed so much ruine and mischief to these Nations in all things both Civil and Sacred and the unanimous Sence and Censure of so many Parliaments upon it together with so many publick Acts of Justice upon so many of the Traytors it was comfortably hoped before thirty Months should have past over after the Detection thereof some effectual Remedyes might have been apply'd to prevent the further attempts of the Papists upon us and better to have secured the Protestants in their Religion Lives and Propertyes But by sad experience we have found that notwithstanding the Vigorous Endeavours of three of our Parliaments to provide proper and wholsome Laws to Answer both ends Yet so prevalent has this Interest been under so potent a head the D. of Y. as to stifle in the Birth all those hopeful Parliament-Endeavours by those many Surprizing and Astonishing Prorogations and Dissolutions which they have procured whereby our fears and Dangers have Manifestly increased and their Spirits heightned and incouraged to renew and Multiply fresh Plottings and Designs upon us But that our approaching Parliament may be more successeful for our Relief before it be too late by being permitted to sit to Redress our Grievances and to perfect those Good Bills which have been prepared by the former Parliaments to this purpose these following Common Law Maxims respecting King and Parliament and the Common and Statute Laws themselves to prevent such unnatural Disappointments and Mischiefs providing for the sitting of Parliaments till Grievances be redress'd and publick Safety secured and provided for are tendered to consideration Some known Maxims taken out of the Law-Books 1. Respecting the King. That the Kings of England can do nothing as Kings but what of right they ought to do That the King can do no wrong nor can he dye That the Kings Prerogative and the Subjects Liberty are determined by Law. That the King hath no Power but what the Law gives him That the King is so called from Ruling well Rex a bene Regendo viz. according to Law Because he is a King whilst he Rules well but a Tyrant when he Oppresses That Kings of England never appear more in their glory splendor and Majestick Soveraignty than in Parliaments That the Prerogative of the King cannot do wrong nor be a Warrant to do wrong to any Plowd Comment fol. 246. 2. Respecting the Parliament That Parliaments constitute and are layd in the Essence of the Government That a Parliament is that to the Common-Wealth which the Soul is to the Body which is only able to apprehend and understand the symptoms of all Diseases which threaten the Body politick That a Parliament is the Bulwark of our Liberty the boundary which keeps us from the Innundation of Tyrannical Power Arbitrary and unbounded Will-Government That Parliaments do make new and abrogate Old Laws Reform Grievances in the Common-Wealth settle the Succession grant subsidies And in summe may be called the great Phisitian of the Kingdom From whence it appears and is self evident if Parliaments are so absolutely necessary in this our constitution That they must then have their certain stationary times of Session and continuance for providing Laws essentially necessary for the being as well as the well being of the People and Redressing all publick Greivances either by the want of Laws or of the undue Execution of them in being or otherwise And suitable hereunto are those Provisions made by the Wisdom of our Ancestors as recorded by them both in the Common and Statute-Law First What we find hereof in the Common Law. The Common Law saith my Lord Coke is that which is founded in the immutable Law and light of Nature Coke lib. 7. Rep. p. 12 13. agreeable to the Law of God requiring Order Government Subjection and Protection c. Containing ancient usages Warrented by Holy Scripture and because it is generally given to all it is therefore called Common And further saith Lib. 9. Preface That in the Book called The Mirror of Justice appeareth the whole frame of the ancient common Laws of this Realm from the time of K. Arthur 516. till near the Conquest which Treats also of the Officers as well as the diversity and Distinction of the Courts of Justice which are Officinae Legis and particularly of the High Court of Parliament by the name of Council General or Parliament so called from Parler-la-ment speaking judicially his mind And amongst others gives us the following Law of King Alfred who Reigned about 880. Le Roy Alfred Ordeigna pur usage perpetuel que a deux foits per lan ou plus sovene pur mistier in temps de peace se Assembler a Londres Mirror of Justice ch 1. Sect. 3. pur Parliamenter surle guidement del people de dieu coment gents soy garderent de pechers viverent in quiet receiverent droit per certain usages et saints Judgments King Alfred Ordaineth for a usage perpetual that twice a year or oftner if need be in time of peace they shall Assemble themselves at London to Treat in Parliament of the Government of the People of God how they should keep themselves from Offences should live in quiet and should receive right by certain Laws and holy Judgments And thus saith my Lord Coke you have a Statute of K. Ld. Cokes Comment upon it Alfred as well concerning the holding of this Court of Parliament twice every year at the City of London as to manifest the threefold end of this great and Honourable Assembly of Estates As First That the Subject might be kept from offending that is that Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That men might live safely and in quiet Thirdly That all men might receive Justice by certain Laws and holy Judgments that is to the end that Justice might be the better administred that Questions and Defects in Laws might