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A45188 An argument for the bishops right in judging capital causes in parliament for their right unalterable to that place in the government that they now enjoy : with several observations upon the change of our English government since the Conquest : to which is added a postscript, being a letter to a friend, for vindicating the clergy and rectifying some mistakes that are mischievous and dangerous to our government and religion / by Tho. Hunt ... Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3749; ESTC R31657 178,256 388

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recommend to all ingenious Gentlemen that would be rightly instructed and informed neither deceive others nor would be deceived themselves as they love truth and virtue wisdom and sober thoughts to dispise this sort of wit in others and repress it in themselves And never allow it to be used but in the hours of mirth in the Relaxations of their minds from serious Contemplations and matters grave and weighty where this prophane thing wit ought always to be shut out with care Enough hath been said for rectifying the mistakes of any true Protestant especially any Clergy-man of the Church of England which you have objected against them about Government or Parliament dissenters from the Church of England and Popery Especially when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which that party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lyes in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number when a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. Sir E. Cook 8 R. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwall was confirmed as there must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwall And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14.36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed. the 3. But if the King doth not call a Parliament once in a year He neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time to And for that he is by the Law intrusted with the calling of Parliaments He is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25. E. 3. cap. 23. In which we have these words 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 Dammage which happeneth to this Realm he ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and dammage which whereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief to us that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to their Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative authority is no where to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power by the 13. Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain and affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliaments in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d. Henry the 7th thrice in the time of Henry the 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Sovereign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and and He his title to the Crown of Scotland which drew to