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A44972 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 the point of succession to the crown, &c. G. H. 1679 (1679) Wing H34; ESTC R23370 15,379 14

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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 the Point of Succession to the CROWN c. Fort. of the Court of Parliament Si antiquitatem spectes est vetustissima si dignitatem est honor atissima si jurisdictionem est capacissima Printed in the Year 1679. THE POWER OF PARLIAMENTS Asserted In ANSWER to a LETTER from a Gentleman of Quality to his Friend c. SIR if E. F. had kept himself strictly to his Task premised in the Title Page namely of the great difficulty which is the true meaning of his two Epithets of Improbable and Impossible of barring the Right Line in the Succession I should have acquiest knowing it to be a great Truth but when in the height of his Zeal to the Cause he admits of a barring Law to that purpose yet he invalidates it as he would have the Nation believe to all intents and purposes his Reasons for that Worthy Sir may be worthy Consideration the Steps that he makes towards it are in my Opinion not very congruous to his designed End which must be submitted to the scrutiny of your more discerning Judgment He begins first with the Statute of the Queen about Succession Whosoever shall after the Death of the Queen affirm That the Parliament of England hath not full Power to bind the Crown in Point of Descent or Succession shall Forfeit his Goods and Chattels Which he very Learnedly says Doth not affect a Member of the Commons because he is so neither doth it affect any other Person because its natural for any Member freely to advise with his Friend about it with mutual safety and to prove the latter I suppose he tells us what irrefragable Records of Parliament he hath perused that the Members of the Commons in Ancient time have sometimes demurred to Pass certain Bills of extraordinary nature till they had consulted their Countreys they served for And then shewing his ill Nature to the Statute of Eliz. he goes on and tells us he hopes his Friend will find he hath Stabb'd it into the Fifth Rib a man that had not Studied to forget Scripture as the Wicked Jews in Antiochus's time endeavoured to Uncircumcise themselves would have said under or in the Fifth Rib but why should he be quarrell'd with for his unskilfulness in Scripture Language when he is so notoriously out in other matters he tells his Friend he hath searched Records but that may be questioned when his mistakes about that Statute are so gross for the Words are not as he gives e'm If any shall after the Death of the Queen c. but they are If any shall during the Queens life Claim Right to the Crown c. Or affirm That the Laws and Statutes of this Realm do not bind the Right of the Crown and the Descent Government and Limitation thereof c. Yet though they are Printed in an Italick Character as all expir'd Statutes are he makes so many impertinent flourishes and inferences about his own Sense in the matter that there is no room to lay any fault upon the Printer yet it may be these mistakes arises from his not trusting the Printed Statutes because sometimes faulty but applying himself to the Record which for want of skill in that Obsolete Hand caused these mistakes yet from what he says no man knows what measures to take for having afterwards occasion to have another bout at that Terrible Statute at the end of his Letter he makes it talk at another Rate This Gentleman you see hath but ill luck in his preliminary Attaque how he behaves himself afterwards is now to be examined he lays down for his Maxim That Parliament of England cannot by their Act Exclude or Disable the next Heir of Blood Royal from Succession to the Imperial Crown of this Nation when he hath made out that Erit mihi magnus Apollo For this assertion he gives several Reasons such as they are For his first Reason he alledges That the Succession to the Crown is unseparably annexed to proximity of Blood by the Laws of God and Nature Secondly Statute Laws contrarient to those are Null and Voyd To make good his first Reason he offers at the 27 of Numb which he calls the Statute Law which God himself pronounced for ordering the descent of Honors and Possessions to use the Authors own Words but to so little purpose as I am sorry he lyes under the suspicion of being an English man For the first part of that Chapter Treats onely about directions concerning the disposal of the Inheritance of Zelophehads Daughters which should be a standing Rule or a Statute of Judgment to the Children of Israel The latter part gives an Account about nominating a Successor to Moses in the Kingdom or chief Magistracy upon Gods giving him an Accompt of his approaching Death in which as may appear by the Text proximity of Blood was not at all regarded for though Moses in probability had Sons because no account of their Deaths however he had Nephews yet Joshuah the Son of Nun all others set aside was preferred for his Graces and excellent Endowments And the Lord said unto Moses thou shalt put some of thine Honour upon him that all the Congregation of the Children of Israel may be Obedient Is not this a special Text to prove descent of Honours according to Proximity of Blood but I conclude no great matters from that practise against this Champion for Succession by Blood neither indeed is any part of Moses's Law whether Judicial or Ceremonial at all Argumentative in our Circumstances for if the Statute about Zelophehads Daughters was as binding as the Moral Law then wo worth all Tenants in Copy-hold or Borough English for evermore From hence he goes on to other Scripture Presidents to as little purpose and then falls a citing of Fathers to less for what inference can be made to affect the force of our Laws from any thing the Fathers have said about Government From thence to confirm and fortify this his first reason he had recourse to Bodin a Frenchman who argues strongly for the descent upon the Issue Male of the next of Blood Sic enim ordo non tantum natura Divinae Legis sed etiam omnium ubique gentium postulat for so says he not only the Order of Nature and Divine Right but of all Nations do require it Anotable Advocate for the Kings of England who claim by the Female Then he falls to Cite a Company of Civilians with hard Names as pertinent to his Design as if he had Prayed Aid from the Jewish Talmud or the Old Arabian Doctors but at last as if he was Conscious of some mistakes he is content to