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A37315 A Debate upon the quærie whether a king elected and declared by the Lords spiritual and temporal, and Commons assembled at Westminster 22 of January 1688, coming to and consulting with the said Lords and Commons, doth not make as compleat a Parliament and legislative power and authority to all intents and purposes, as if the said king should cause new summons to be given and new elections to be made by writs 1689 (1689) Wing D508; ESTC R21332 4,258 6

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A DEBATE UPON THE QUAERIE WHETHER A King Elected and Declared by the Lords Spiritual and Temporal and Commons Assembled at Westminster 22 of January 1688. coming to and Consulting with the said Lords and Commons doth not make as compleat a Parliament and Legislative power and authority to all intents and purposes as if the said King should cause new Summons to be given and new Elections to be made by Writs THAT the Highest and Supream Court of this Nation according to it's ancient constitution is the Parliament I need not now labour to make out the present business being to find out and discover the substantial and real parts of a Parliament for thereby shall we be satisfied touching the question in hand A Parliament as Sir Edward Coke in his Jurisdiction of Courts fol. 1. tells us consists of the Kings Majestie sitting there as in his Politick Capacity and of the three Estates of the Realm that is to say 1st The Lords Spiritual as Archbishops and Bishops 2dly The Lords Temporal as Dukes Marquesses Earls Viscounts and Barons 3dly The Commons of the Realm that is Knights of Sheers Citizens and Burgesses As to the Lords both Spiritual and Temporal Sir Edward Coke in the same place tells us that every one of them being of full age when a Parliament is to be held ought of right to have a Writ of Summons to come to that Parliament As to the Commons he says they are respectively elected by the Shires or Counties Cities and Burroughs by force of the Kings Writs Crompton in his Jurisdiction of Courts fol. 1. says the High Court of Parliament is the Highest Court in England wherein the King himself sits in person and comes thither at the beginning of the Parliament and at the end thereof and at any other time when it pleaseth him during the Parliament To this Court come all the Lords of Parliament as well Spiritual as Temporal and are severally summoned thither by the Kings Writ There is a Writ also sent to every Sheriff of England and Wales to elect Knights for Parliament c. Saith that Author But the Lords and Commons assembled at Westminster 22 of January 88. were not summoned thither by the Kings Writ and therefore as is objected though the King afterwards comes to them yet such King Lords and Commons cannot be a Parliament In answer to which and to demonstrate whether upon the Kings coming to and consulting with them the King and them make a Parliament I must premise that in extraordinary cases such as of which there is no direct Example we must take our directions from the Resolutions and Practices in such Cases as come nearest and are most like to them and by Consequences from thence make our Resolutions as may be most agreeable to Reason It is generally admitted that in an Hereditary Kingdom if the King should die without any Heir either Lineal or Collateral the Crown in that case would devolve or as it were escheate to the whole People and Nation and that hereupon the Estates and Representatives of such a Nation may dispose of the Crown to whom they please or quite alter and change the Government into what form they think fit This hath been frequently adjudged and practiced one Instance whereof was in the Emperor Charles the Gross who dying without any Heir the Kingdoms which were under him did severally chuse themselves Kings France chose Charles the Simple In Italy some chose Berengarius and some Guido and the Germans chose Arnolph Duke of Bavaria for their Emperor Ferdinand King of Portugal dying without lawful Heir the Estates of that Kingdom assembled themselves at Coimbre and elected John the late Kings Bastard for their King and in their Decree of Election it is recited that King Ferdinand died without any lawful Issue or Kindred whereby according to the Law of Nations it was lawful for them to chuse who they pleased for their King or Governor In like manner it is where a King doth abandon forsake or desert his Government by going out or flying out of his Kingdom without appointing any Guardian to protect and take care of his People in his absence whereby the Throne is become vacant in such a case the Estates of such a People may appoint another King or Governor And to come close to our present Case King James the Second whether out of fear or for what other reason it is not material but away he goes or rather flies out of his Kingdom abandons forsakes and leaves his people unguarded and undefended at the Mercy of a Forreign Army even in the Heart of the Country without so much as leaving a Guardian or Great Seal behind him His great Officers and Ministers of State flying some one way and some another What could then be done but was then done viz. Several of the Lords Spiritual and Temporal many of the Knights Citizens and Burgesses of a former Parliament the Aldermen and divers Common Council of our Capital City of London addressed themselves to his Highness the Prince of Orange desired him to take upon him the Administration of Publick Affairs both Civil and Military for the Preservation of our Religion Rights Laws Liberties and Properties and of the Peace of the Nation until the then intended Convention of the three Estates or great Council of the Realm they also desired his Highness to send Letters subscribed by himself to the Lords Spiritual and Temporal that were Protestants to meet on the said 22 of January at Westminster the Summons to Parliament being alwaies omitted to known Popish Lords since the Test-Act And they desired his Highness to send the like Letters to the several Shires Counties Universities Cities Burroughs and Cinque Ports of the Nation for Electing of such number of persons to represent them and to meet on the said 22 of January for the purposes aforesaid as of right were to be sent to Parliaments with directions that such Elections should be made by such persons only as according to the ancient Custom and Laws of right ought to chuse Members for Parliament And accordingly such Letters were sent and due notice given and Elections accordingly were made and the said Lords Spiritual and Temporal and the Knights Citizens and Burgesses so elected met on the said 22 of January And after mature and deliberate Consideration they Resolved That the Prince and Princess of Orange should be King and Queen of England c. for their natural lives and life of the longer Liver of them and that the sole and full 〈◊〉 of the Regal Power be in the Prince only in the name of both Now after the Prince and Princess of Orange are proclaimed King and Queen of England as aforesaid and he comes and Consults with the three Estates so assembled I would fain know what is wanting in that Assembly to make them a full and compleat Parliament or what can be had more than is in this Convention of King Lords and Commons if