be by the High Court of Parliament planed reduced to certainty and adjudged And further tells us that this Court being the most Supream Court of this Realm is a part of the frame of the Common Laws and in some cases doth proceed Legally according to the ordinary course of the Common Law as it appeereth 39 E. 3. f. Coke Inst ch 29. fol. 5. To be short of this Court it is truly said Si vetestatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima If you regard Antiquity it is the most Ancient if Dignity the most Honourable if Jurisdiction the most Soveraign And where question hath been made whether this Court continued during the Heptarchy let the Records themselves make answer of which he gives divers Instances in the times of King Ine Offa Ethelbert After the Heptarchy K. Edward Son of Alfred K. Ethelston Edgar Ethelred Edmond Canutus All which he saith and many more are extant and publickly known proving by divers arguments that there were Parliaments unto which the Knights and Burgesses were summoned both before in and after the Reign of the Conquerour till Hen. 3. time and for your further satisfaction herein see 4 E. 3.25 49 Ed. 3.22 23 11 H. 4.2 Litl lib. 2. c. 10. Whereby we may understand 1. That Parliaments are part of the frame of the Common Law which is laid in the Law and Light of Nature right Reason and Scripture 2. That according to this Moral Law of Equity and Righteousness Parliaments ought frequently to meet for the common peace safety and benefit of the People and support of the Government 3. That Parliaments have been all along esteemed an essential part of the Government as being the most ancient honourable and Soveraign Court in the Nation who are frequently and perpetually to sit for the making and abolishing Laws Redressing of Grievances and see to the due administration of Justice 4. That as to the place of Meeting it was to be at London the Capital City the Eye and Heart of the Nation as being not only the Regal Seat but the principal place of Judicature and residence of the chief Officers and Courts of Justice where also the Records are kept as well as the principal place of Commerce and Concourse in the Nation and to which the People may have the best recourse and where they may find the best accommodation 5. The Antiquity of Parliaments in this Nation which have been so ancient that no Record can give any account of their Beginning my Lord Coke thus tracing them from the Briteans through the Saxons Danes and Normans to our days So that not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expressely contrary to the Common Law and so consequently of the Law of God as well as the Law of Nature and thereby Violence is offered to the Government it self and Infringement of the Peoples sundamental Rights and Liberties Secondly What we find hereof in the Statute-Law The Statute Laws are Acts of Parliament which are or ought to be only Declaratory of the Common Law which as you have heard is founded upon right Reason and Scripture for we are told that if any thing is enacted contrary thereto it is void and null As Coke Inst l. 2. c. 29. f. 15. Finch p. 3. 28 H. 8. c. 27. Doct. and Stud. The first of these Statutes which require the frequent Meeting and Sitting of Parliaments agreeable to the Common Law we find to be in the time of Ed. 3. viz. 4 Ed. 3. ch 14. In these words Item it is accorded that a Parliament shall be holden every Year once or more often if need be The next is in the 36 of the same K. Ed. 3. c. 10. viz. Item For the maintenance of the said Articles and Statutes and Redressing of divers Mischiefs and Grievances which daily happen A Parliament shall be holden every year as at another time was ordained by a Stutate viz. the aforementioned in his 4th year And agreeable hereto are those Statutes upon the Rolls viz. 5 Ed. 2. 1 R. 2. No. 95. By which Statutes it appeareth that Parliaments ought Annually to meet to support the Government and to redress the Grievances which may happen in the interval of Parliaments That being the great End proposed in their said Meetings Now For Parliaments to meet Annually and not suffered to sit to Answer the Ends but to be Prorogued or Dissolved before they have finished their Work would be nothing but a deluding the Law and a striking at the foundation of the Government it self and rend'ring Parliaments altogether Useless for it would be all one to have No Parliaments at all as to have them turn'd off by the Prince before they have done that they were called and intrusted to do For by the same Rule whereby they may be so turn'd off One Session they may be three Sessions and so to threescore to the breaking of the Government and introducing Arbitrary Power To Prevent such intollerable Mischiefs and Inconveniencies are such good Laws as these made in this Kings time and which were so Sacredly observed in after times That it was a Custom especially in the Reigns of H. 4. H. 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session * An honest and a necessary Proclamation to be made every Parliament That all those who had any matter to present to the Parliament should bring it in before such a day for otherwise the Parliament at that Day should Determine Whereby it appears the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions to frustrate and make void the great ends of Parliaments And to this purpose saith a late Learned Author That if there was no Statute or any thing upon record extant concerning the Parliaments sitting to redress grievances yet that I must believe that it is so by the fundamental Law of the Government which must be Lame and imperfect without it For otherwise the Prince and his Ministers may do what they please and their Wills may be their Laws Therefore it is provided for in the very Essence and Constitution of the Government it self and this saith our Author we may call the Common Law which is of as much value if not more than any Statute and of which all our good Acts of Parliament and Magna Charta it self is but Declaratory so that though the King is intrusted with the formal part of summoning and pronouncing the dissolution of Parliaments which is done by Writ yet the Laws which Oblige him as well as us have determined how and when he shall do it which is enough to shew that the Kings share in the Soveraignty that is in the Parliament is cut out to him by Law and not left at his disposal The Next Statute we shall mention 25 Ed. 3. ch 23. Statute of Provisors to inforce
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