A seasonable question, and an usefull answer, contained in an exchange of a letter between a Parliament-man in Cornwell, and a bencher of the Temple, London
         Parliament-man in Cornwall.
      
       
         
           1676
        
      
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         A55894
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         97288
         
           
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             A seasonable question, and an usefull answer, contained in an exchange of a letter between a Parliament-man in Cornwell, and a bencher of the Temple, London
             Parliament-man in Cornwall.
             H. P., Bencher of the Temple.
          
           42 [i.e. 24] p.
           
             s.n.],
             [S.l. :
             1676.
          
           
             "The bencher's answer" signed: H.P.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Great Britain -- Politics and government -- 1660-1688.
        
      
    
     
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           A
           Seasonable
           QUESTION
           ,
           AND
           AN
           Usefull
           ANSWER
           ,
           CONTAINED
        
         
           In
           an
           Exchange
           of
           a
           LETTER
           between
           a
           Parliament-Man
           in
           Cornwell
           ,
           and
           a
           Bencher
           of
           the
           Temple
           ,
           London
           .
        
         
           Printed
           in
           the
           Year
           ,
           1676.
           
        
      
    
     
       
         
         
         
           
             as
             vve
             can
             ,
             vve
             shall
             yeild
             up
             to
             the
             Kings
             pleasure
             all
             the
             Lavvs
             vvhereby
             the
             Rights
             and
             Inheritances
             of
             the
             King
             and
             Subjects
             ,
             ought
             to
             be
             distinguished
             and
             determined
             .
          
        
         
           Truly
           Sir
           ,
           these
           are
           edged
           Tooles
           ,
           not
           to
           be
           played
           with
           ,
           I
           would
           not
           come
           200
           miles
           to
           put
           my
           Neck
           in
           a
           noose
           .
           An
           honest
           Old
           Cavalire
           whispered
           tother
           day
           to
           me
           ,
           
             That
             he
             supposed
             this
             prorogation
             came
             from
             French
             Counsels
             ,
             not
             only
             to
             prevent
             the
             Parliament
             from
             stoping
             in
             time
             the
             French
             Kings
             increase
             of
             povver
             at
             Sea
             and
             Land
             ,
             but
             to
             lead
             his
             Majesty
             in
             obscure
             ,
             undifcerned
             paths
             to
             the
             mount
             of
             absolute
             povver
             .
             The
             French
             knovving
             too
             vvell
             ,
             that
             vvhensoever
             the
             English
             People
             shall
             discover
             their
             Liberties
             and
             Lavvs
             to
             be
             invaded
             ,
             such
             fires
             vvill
             be
             kindled
             as
             they
             may
             run
             avvay
             in
             the
             smoak
             ,
             and
             vveshall
             not
             be
             able
             to
             contest
             vvith
             them
             either
             the
             povver
             of
             the
             Sea
             ,
             or
             the
             equallity
             of
             trade
             .
          
           But
           whosoever
           advised
           the
           prorogation
           ,
           
             Pray
             Sir
          
           ,
           let
           me
           know
           whether
           it
           be
           a
           Dissolution
           .
           You
           may
           perhaps
           save
           me
           a
           scurvy
           winter
           Journey
           ,
           and
           Mony
           in
           my
           Pocket
           ,
           and
           I
           assure
           you
           we
           are
           all
           very
           poor
           ,
           and
           I
           do
           not
           expect
           to
           be
           paid
           for
           secret
           serviec
           ,
           I
           know
           you
           can
           resolve
           this
           question
           as
           well
           (
           at
           least
           )
           as
           my
           Lord
           Chancellor
           .
           If
           it
           be
           but
           a
           doubtful
           point
           ,
           I
           should
           think
           I
           had
           best
           stay
           at
           home
           ,
           none
           but
           an
           undoubted
           parliament
           being
           able
           lawfully
           to
           deside
           the
           case
           ,
           His
           Majesty
           out
           of
           parliament
           is
           no
           competent
           Judge
           for
           himself
           in
           this
           point
           ;
           and
           if
           we
           should
           declare
           our selves
           to
           be
           a
           parliament
           legally
           continued
           by
           the
           Prorogation
           ,
           according
           to
           the
           Kings
           will
           though
           not
           according
           to
           the
           Lawes
           ,
           I
           should
           tremble
           to
           be
           assistant
           in
           such
           a
           sad
           doom
           of
           England
           ,
           that
           the
           meeting
           of
           our
           Parliament
           ,
           and
           the
           benefit
           of
           our
           laws
           ,
           are
           of
           the
           kings
           Grace
           ,
           and
           not
           of
           right
           to
           be
           injoyed
           ;
           only
           when
           ,
           &
           as
           he
           pleaseth
           .
           Neither
           should
           I
           think
           such
           a
           resolution
           to
           be
           of
           any
           authority
           ,
           because
           we
           should
           be
           parties
           ,
           and
           Judges
           ,
           and
           give
           sentence
           to
           continve
           our selves
           in
           power
           .
        
         
           You
           must
           not
           ,
           Sir
           ,
           deny
           me
           your
           whole
           thoughts
           of
           this
           great
           affair
           ,
           I
           have
           come
           to
           parliament
           twice
           or
           thrice
           ,
           to
           provide
           
           against
           the
           multitude
           of
           mischiefs
           and
           grievancs
           that
           threaten
           our
           ruine
           ,
           but
           did
           but
           verifie
           the
           proverb
           ,
           
             That
             I
             came
             ninescore
             miles
             to
             suck
             a
             Bull
             ,
          
           you
           know
           we
           have
           not
           been
           suffeerd
           to
           do
           anything
           of
           moment
           for
           several
           Sessions
           ;
           but
           I
           shall
           fool
           my self
           more
           ,
           if
           I
           should
           now
           come
           200
           miles
           to
           sit
           gravely
           ,
           and
           prepare
           my self
           for
           the
           Gallowes
           ,
           when
           soever
           the
           subjects
           shall
           demand
           right
           against
           us
           ,
           or
           the
           Crown
           shall
           descend
           to
           any
           whose
           interest
           shall
           lead
           him
           to
           call
           in
           question
           what
           we
           shall
           do
           .
        
         
           You
           know
           ,
           Sir
           ,
           you
           and
           I
           were
           Confessors
           of
           old
           under
           his
           Majesties
           father
           ,
           and
           narroly
           escaped
           being
           Martyred
           for
           the
           Protestant
           Religion
           ,
           the
           Lawes
           of
           the
           land
           ,
           and
           the
           Priviledges
           of
           Parliaments
           ,
           as
           we
           belived
           ,
           we
           carried
           as
           many
           of
           those
           Declarations
           in
           our
           Pockets
           ,
           as
           we
           had
           shillings
           of
           his
           Coyning
           ,
           whilst
           we
           fought
           under
           his
           Banner
           ,
           and
           should
           not
           I
           (
           Sir
           ,
           )
           be
           an
           impudent
           Knave
           ,
           if
           I
           should
           now
           come
           and
           sit
           in
           parliament
           ,
           to
           declare
           ,
           that
           his
           majesty
           may
           of
           right
           take
           away
           from
           his
           subjects
           the
           benefit
           of
           their
           principle
           fundamental
           Laws
           ,
           about
           their
           meeting
           in
           Parliament
           ,
           when
           and
           as
           long
           as
           he
           pleaseth
           ,
           and
           if
           he
           will
           never
           suffer
           a
           Parliament
           to
           sit
           to
           claim
           one
           of
           the
           priviledges
           we
           swore
           to
           maintain
           .
           I
           long
           for
           your
           Opinion
           (
           Sir
           )
           upon
           the
           whole
           matter
           ,
           I
           would
           neither
           disobey
           any
           lawfull
           command
           of
           his
           Majesty
           ,
           nor
           diminish
           the
           just
           English
           regall
           Power
           .
           I
           would
           not
           crop
           a
           leaf
           of
           any
           flower
           of
           the
           Crown
           ,
           yet
           I
           make
           as
           much
           conscience
           not
           to
           betray
           my
           Country
           ,
           or
           easily
           yeeld
           up
           the
           Antient
           lawes
           and
           Government
           of
           England
           ,
           by
           parliament
           ,
           to
           the
           kings
           Will
           ,
           to
           make
           English
           freemen
           tenants
           at
           will
           to
           the
           king
           ,
           of
           their
           lawes
           ,
           their
           parliaments
           ,
           their
           liberties
           and
           lives
           .
           I
           am
           resolved
           to
           be
           an
           honest
           man
           ,
           and
           thy
           faithfull
           friend
           and
           hearty
           servant
           .
        
      
       
         
         
           The
           Benchers
           ANSWER
           .
        
         
           
             SIR
             ,
          
        
         
           YOu
           demand
           my
           Opinion
           in
           a
           Question
           of
           the
           greatest
           moment
           ,
           that
           ever
           was
           moved
           since
           England
           was
           established
           under
           civil
           Goverment
           ;
           the
           absolute
           ruin
           for
           our
           age
           or
           the
           safety
           of
           all
           the
           ancient
           English
           liberties
           and
           excellent
           Laws
           depend
           upon
           the
           right
           resolving
           your
           Question
           .
           
             Whether
             this
             Parliament
             be
             actually
             Dissovled
             by
             the
             last
             Prorogation
             for
          
           15
           months
           ?
           He
           that
           will
           clearly
           answer
           you
           ,
           ought
           first
           to
           consider
           whether
           a
           prorogation
           ordered
           and
           continued
           beyond
           a
           year
           ,
           can
           be
           made
           to
           agree
           with
           our
           lawes
           and
           statutes
           concerning
           holding
           of
           parliaments
           (
           which
           ,
           by
           the
           way
           are
           the
           birth-right
           of
           English
           men
           )
           It
           seemes
           you
           have
           been
           told
           of
           two
           statutes
           which
           enact
           ,
           
             That
             a
             Parliament
             shall
             be
             holden
             every
             year
          
           ;
           doutbless
           they
           in
           ended
           those
           printed
           statutes
           of
           the
           4.
           of
           Ed
           3.
           
           Cap.
           14.
           and
           that
           of
           the
           36.
           
           Ed.
           3.
           
           Cap.
           10.
           where
           it
           is
           enacted
           ,
           
             That
             for
             maintenance
             of
             the
             statutes
             ,
             and
             redress
             of
             divers
             mischiefs
             and
             grievances
             vvhich
             dayly
             happen
             ,
             a
             parliament
             shall
             be
             holden
             every
             year
             ,
             as
             an
             other
             time
             vvas
             ordayned
             .
          
           These
           are
           most
           taken
           notice
           of
           because
           they
           are
           printed
           ,
           and
           were
           re-inforced
           by
           that
           notable
           Act
           of
           the
           16
           of
           the
           late
           King
           :
           which
           provided
           effectually
           for
           the
           summoning
           and
           electing
           a
           parliament
           every
           3
           year
           ,
           without
           the
           Kings
           concurent
           asent
           ,
           if
           he
           neglected
           or
           refused
           two
           years
           together
           to
           summon
           a
           parliament
           according
           to
           those
           statutes
           of
           Edvv.
           3.
           
           And
           although
           this
           parliament
           hath
           repealed
           that
           statute
           and
           taken
           from
           the
           people
           that
           excel●ent
           meanes
           to
           secure
           their
           right
           of
           parliaments
           yet
           they
           have
           left
           us
           to
           the
           force
           of
           the
           antient
           laws
           in
           the
           case
           ,
           and
           in
           the
           same
           Act
           of
           repeale
           16
           Car.
           2.
           they
           have
           declared
           and
           acknowleged
           those
           lawes
           of
           Ed.
           3
           to
           be
           still
           the
           lawes
           and
           statutes
           of
           this
           Realm
           ;
           and
           they
           have
           enacted
           no
           clause
           
           or
           article
           that
           derogates
           from
           them
           ,
           or
           abates
           their
           force
           .
           Those
           latter
           clauses
           of
           that
           Act
           which
           seem
           to
           be
           enacting
           being
           (
           as
           my
           brethren
           of
           the
           robe
           speak
           )
           nugatory
           and
           insignificant
           ,
           only
           praying
           the
           King
           not
           to
           intermit
           the
           holding
           of
           parliaments
           above
           3
           years
           at
           the
           most
           ,
           but
           to
           call
           them
           as
           often
           as
           there
           shall
           be
           occasion
           ,
           which
           in
           plainer
           English
           is
           an
           humble
           motion
           that
           he
           would
           not
           neglect
           his
           duty
           ,
           to
           put
           the
           laws
           in
           execution
           longer
           than
           two
           years
           ,
           but
           that
           he
           would
           call
           parliaments
           as
           oft
           as
           ocasion
           did
           require
           ,
           and
           that
           Act
           was
           to
           commence
           from
           the
           end
           of
           this
           parliament
           ,
           what
           ever
           was
           intended
           by
           that
           Act
           ,
           it
           doth
           neither
           weaken
           the
           force
           of
           those
           two
           antient
           printed
           statutes
           ,
           nor
           of
           any
           other
           unprinted
           for
           annual
           parliaments
           ,
           this
           Act
           being
           only
           affirmative
           and
           consistent
           with
           the
           other
           .
           And
           I
           ought
           to
           tell
           you
           that
           there
           are
           4
           more
           at
           least
           to
           thesame
           porpose
           .
           That
           of
           the
           1.
           
           Ri.
           2.
           number
           95.
           in
           the
           Rolls
           relates
           to
           the
           Jurisdicttive
           power
           of
           parliaments
           which
           is
           often
           very
           necessary
           ,
           as
           well
           as
           the
           legislative
           .
           It
           enacts
           ,
           
             That
             a
             Parliament
             be
             yearly
             holden
             to
             redress
             delayes
             in
             suites
             ,
             and
             to
             end
             such
             cases
             as
             the
             Judges
             doubt
             ,
          
           the
           5.
           of
           Ed.
           2.
           n.
           9
           and
           13.
           and
           the
           2.
           
           R.
           1.
           2.
           n.
           73.
           and
           in
           the
           50.
           
           Ed.
           3.
           n.
           177.
           
           In
           the
           parliament
           called
           ,
           
             the
             good
             Parliament
          
           ,
           the
           same
           thing
           was
           enacted
           and
           confirmed
           ;
           and
           in
           the
           opening
           the
           parliament
           ,
           in
           the
           2.
           
           Ric.
           2.
           n.
           4.
           the
           Lord
           Chancellor
           in
           shewing
           the
           causes
           of
           calling
           that
           parliament
           gives
           for
           the
           second
           reason
           of
           it
           ,
           
             That
             it
             vvas
             enasted
             that
             a
             Parliament
             should
             be
             yearly
             holden
             .
          
           And
           the
           message
           sent
           from
           the
           parliament
           to
           the
           King
           in
           the
           9.
           
           Ric.
           2.
           by
           the
           Duke
           of
           Gloster
           ,
           tells
           that
           King
           ,
           That
           one
           
             old
             statute
             and
             laudable
             custom
             is
             approved
             ,
             vvhich
             no
             man
             can
             deny
             ,
             that
             the
             King
             once
             in
             a
             year
             do
             summon
             his
             high
             Court
             of
             parliament
             ,
             there
             to
             consult
             vvith
             the
             vvise
             men
             ,
          
           and
           so
           you
           may
           read
           in
           
             Grafton
             ,
             Page
          
           3.
           48.
           
           It
           seems
           the
           course
           of
           holding
           yearly
           parliaments
           then
           passed
           not
           only
           for
           statute
           law
           wherein
           that
           Kings
           Ancestors
           had
           joyned
           with
           his
           kingdom
           to
           ordain
           it
           ,
           but
           as
           the
           most
           undoubted
           Custom
           of
           England
           ,
           that
           is
           the
           Common
           law
           de-declared
           
           in
           and
           by
           the
           statutes
           ,
           they
           clayming
           it
           as
           their
           most
           unquestionable
           inheritance
           ,
           being
           the
           only
           Root
           of
           all
           their
           Liberties
           and
           Properties
           ,
           and
           the
           only
           pollitick
           meanes
           of
           their
           defence
           and
           safeguard
           ,
           and
           no
           doubt
           our
           Ancestors
           had
           reason
           sufficient
           to
           claime
           their
           yearly
           parliaments
           as
           the
           custom
           or
           common
           law
           of
           England
           ,
           seeing
           no
           Antiquary
           nor
           record
           can
           shew
           the
           original
           of
           that
           usuage
           ,
           having
           its
           beginning
           with
           the
           Government
           it self
           .
           Certain
           times
           for
           Parliament
           meeting
           are
           in
           truth
           of
           the
           essence
           of
           the
           English
           government
           :
           Parliaments
           were
           the
           first
           appointers
           or
           creators
           of
           all
           other
           Offices
           ,
           Jurisdictions
           ,
           Powers
           and
           Prerogatives
           in
           the
           Government
           ,
           
             Don
             Wallo
          
           writing
           of
           the
           Brittish
           lawes
           tells
           us
           of
           Parliaments
           annuall
           or
           oftner
           amongst
           them
           above
           400
           years
           before
           Christ.
           And
           the
           Mirror
           of
           Justice
           tells
           us
           that
           king
           Alfred
           ordained
           it
           for
           a
           perpetuall
           usuage
           ,
           
             That
             tvvice
             in
             the
             year
             ,
             or
             oftner
             ,
             they
             should
             assemble
             at
          
           London
           
             to
             treat
             in
             Parliament
             of
             the
             Government
             of
             the
             People
             .
          
           So
           it
           was
           in
           the
           Saxon's
           time
           ,
           and
           continued
           in
           the
           Normans
           ,
           being
           admitted
           by
           Duke
           William
           ,
           called
           the
           Conquerour
           ,
           as
           the
           Custom
           of
           England
           ,
           as
           appears
           by
           that
           antient
           Treatise
           called
           ,
           
             Modus
             antiquus
             tenendo
             Parliamenti
          
           ,
           And
           after
           great
           contest
           between
           the
           king
           of
           that
           Race
           and
           the
           people
           ,
           it
           was
           setled
           by
           Statutes
           often
           renewed
           ,
           
             That
             Parliaments
             should
             be
             yearly
          
           ,
           as
           the
           Statutes
           shew
           .
        
         
           Upon
           the
           whole
           ,
           I
           think
           it
           beyond
           dispute
           ,
           that
           by
           the
           Laws
           and
           Statutes
           of
           our
           Realm
           ,
           a
           
             Parliament
             ought
             to
             be
             holden
             every
             year
             :
          
           And
           surely
           it
           is
           as
           certain
           ,
           that
           the
           last
           prorogation
           beyond
           a
           year
           ,
           being
           persisted
           in
           by
           the
           king
           till
           the
           year
           is
           past
           over
           ,
           did
           prevent
           and
           defeat
           the
           execution
           of
           those
           Laws
           ,
           and
           is
           in
           direct
           opposition
           to
           them
           .
        
         
           The
           sence
           of
           what
           the
           Lord
           Chancellor
           said
           to
           prorogue
           the
           parliament
           ,
           was
           a
           plain
           contradiction
           to
           these
           laws
           .
           He
           tells
           them
           
             It
             vvas
             his
             Majesties
             Will
             that
             there
             should
             be
             no
             Parliament
             holden
             for
             one
             vvhole
             year
             and
             some
             months
             next
             follovving
             .
          
           Then
           the
           question
           will
           be
           (
           if
           it
           be
           any
           )
           Whether
           the
           
           king's
           Will
           and
           Word
           in
           the
           Lavv
           ,
           or
           his
           Word
           in
           the
           Lord
           Chancelor's
           mouth
           is
           most
           potent
           ?
           The
           whole
           Kingdom
           in
           Parliament
           ,
           and
           all
           the
           Books
           of
           the
           Law
           ,
           have
           alwayes
           judged
           the
           Law
           to
           be
           the
           kings
           Superiour
           ,
           to
           judge
           of
           the
           validity
           of
           all
           his
           Grants
           ,
           Orders
           ,
           Commissions
           ,
           Patents
           under
           Great
           and
           Little
           Seal
           ,
           and
           every
           Court
           in
           Westminster-Hall
           ,
           have
           always
           thought
           its
           Authority
           sufficient
           to
           Judge
           His
           Grants
           under
           Seal
           ,
           or
           any
           thing
           he
           hath
           done
           ,
           void
           ,
           if
           they
           did
           not
           agree
           with
           the
           Law.
           'T
           is
           a
           Civility
           and
           honour
           that
           our
           Laws
           pay
           to
           the
           king
           ,
           that
           they
           will
           not
           suppose
           him
           to
           will
           any
           thing
           otherwise
           than
           as
           the
           Laws
           direct
           or
           allow
           him
           ;
           and
           thence
           it
           was
           received
           as
           a
           Maxim
           ,
           
             That
             the
             King
             can
             do
             no
             vvrong
          
           ;
           Indeed
           all
           he
           does
           contrary
           to
           Law
           ,
           is
           doing
           nothing
           ;
           't
           is
           to
           be
           holden
           for
           nothing
           by
           
             Magna
             Charta
          
           it self
           ,
           therefore
           if
           the
           last
           Prorogation
           do
           not
           agree
           with
           the
           Laws
           ,
           it
           is
           a
           meer
           Nullity
           .
        
         
           It
           is
           worth
           your
           remembring
           ,
           that
           in
           the
           38
           Chap.
           of
           the
           
             Great
             Charter
          
           it
           is
           ordained
           ,
           
             That
             no
             King
             should
             devise
             or
             invent
             any
             thing
             to
             infringe
             or
             vveaken
             the
             Liberties
             and
             Lavvs
             .
             And
             if
             either
             King
             or
             Subject
             ,
             should
             seek
             out
             any
             thing
             against
             them
             ,
             it
             should
             be
             of
             no
             value
             ,
             and
             holden
             for
             nought
             .
          
           If
           the
           Prorogation
           were
           a
           device
           or
           trick
           sought
           out
           to
           weaken
           the
           Laws
           for
           holding
           Parliaments
           every
           year
           ,
           't
           is
           judged
           to
           be
           nought
           ,
           or
           no
           Prorogation
           by
           30
           or
           40
           Parliaments
           ,
           which
           have
           confirmed
           and
           re-enacted
           the
           same
           Charter
           .
        
         
           But
           I
           ought
           to
           acquaint
           you
           that
           there
           are
           great
           endeavours
           to
           support
           the
           Prorogation
           ,
           some
           alledging
           with
           noise
           enough
           ,
           
             That
             many
             Kings
             have
             intermitted
             Parliaments
             not
             only
             for
             more
             than
             a
             year
             ,
             but
             for
             many
             years
          
           ;
           But
           these
           seem
           not
           to
           understand
           the
           Question
           ,
           which
           is
           of
           the
           validity
           in
           Law
           of
           what
           the
           king
           hath
           done
           to
           the
           Parliament
           .
           'T
           is
           not
           now
           enquired
           ,
           what
           Remedies
           there
           are
           if
           Kings
           shall
           leave
           undone
           what
           the
           Law
           and
           their
           Trust
           require
           in
           calling
           parliaments
           ;
           all
           the
           positive
           exercises
           ,
           of
           power
           by
           the
           
           king
           ,
           may
           and
           ought
           to
           be
           judicially
           sentenced
           ,
           and
           approved
           for
           good
           ,
           if
           agreeable
           to
           the
           Laws
           ,
           or
           holden
           for
           none
           if
           they
           be
           contrary
           to
           the
           Law.
           And
           this
           hath
           been
           the
           un-interrupted
           usuage
           of
           England
           in
           all
           Ages
           ;
           They
           have
           sentenced
           all
           his
           Charters
           ,
           Grants
           .
           yea
           his
           very
           Pardons
           ,
           that
           seem
           to
           come
           so
           singly
           from
           his
           Soveraign
           power
           or
           prerorogative
           ;
           and
           the
           Prorogation
           ought
           upon
           the
           same
           reason
           to
           be
           tried
           by
           the
           Law
           ,
           and
           judged
           void
           ,
           if
           so
           it
           be
           by
           the
           Rules
           of
           the
           Law.
           But
           the
           kings
           omission
           to
           put
           the
           Laws
           in
           execution
           in
           calling
           Parliaments
           at
           the
           times
           limitted
           by
           the
           Statutes
           ,
           or
           in
           appointing
           sufficient
           Guards
           for
           the
           Seas
           ,
           or
           in
           issuing
           out
           Commissions
           to
           the
           Judges
           ,
           or
           any
           the
           like
           ,
           These
           ,
           I
           say
           ,
           cannot
           be
           brought
           into
           Question
           Judicially
           ,
           there
           being
           no
           possible
           relief
           for
           the
           People
           in
           such
           cases
           ,
           but
           by
           supplimentary
           laws
           to
           be
           made
           in
           Parliament
           ,
           in
           case
           of
           such
           Omissions
           ,
           as
           was
           done
           by
           the
           parliament
           1641.
           
           'T
           is
           well
           for
           the
           People
           that
           the
           law
           hath
           provided
           ,
           that
           whatever
           the
           king
           shall
           do
           contrary
           to
           law
           ,
           shall
           go
           for
           nought
           ,
           though
           they
           suffer
           by
           his
           neglect
           ,
           their
           right
           and
           laws
           remain
           to
           them
           ,
           and
           such
           Omissions
           of
           the
           king
           as
           are
           before
           mentioned
           ,
           have
           alwayes
           been
           esteemed
           by
           Parliaments
           and
           People
           ,
           Failers
           or
           breaches
           of
           the
           kings
           high
           and
           sacred
           trust
           ,
           and
           't
           is
           a
           pittiful
           Argument
           to
           prove
           that
           the
           kings
           might
           of
           right
           ,
           or
           by
           the
           laws
           omit
           to
           do
           what
           the
           law
           hath
           trusted
           to
           their
           care
           ,
           because
           they
           have
           sometimes
           broke
           their
           Trust.
           
        
         
           His
           late
           Majesty
           in
           his
           Declaration
           of
           the
           12
           of
           August
           ,
           1642
           ,
           when
           the
           unhappy
           War
           began
           to
           rage
           ,
           freely
           confessed
           ,
           
             That
             it
             was
             upon
             his
             Prospect
             the
             unhappy
             State
             of
             the
             kingdom
             ,
             and
             of
             the
             inconveniencies
             and
             mischiefs
             that
             had
             grown
             by
             the
             long
             intermission
             of
             Parliaments
             ,
             and
             by
             the
             parting
             too
             much
             from
             the
             known
             Rule
             of
             the
             law
             to
             an
             arbitrary
             Power
             ,
             that
             induced
             him
             to
             consent
             freely
             to
             that
             Act
             in
             1641
             ,
             called
             vulgarly
             ,
             
               The
               Triennal
               Act
            
             ,
             which
             was
             in
             truth
             for
             
               Annual
               Parliaments
            
             ,
             re-enacting
             
             those
             very
             Acts
             of
             Edvv.
             3.
             before
             mentioned
             .
             He
             said
             ,
             he
             was
             willing
             in
             Justice
             and
             Favour
             to
             his
             Subjects
             ,
             to
             make
             them
             Reparations
             for
             their
             Sufferings
             they
             had
             undergon
             by
             him
             in
             omitting
             Parliaments
             .
          
           I
           remember
           this
           chiefly
           to
           shew
           ,
           that
           his
           late
           Majesty
           ,
           when
           his
           Subjects
           were
           in
           Arms
           against
           him
           ,
           freely
           acknowledged
           the
           wrong
           he
           had
           formerly
           done
           them
           ,
           by
           failing
           to
           summon
           Parliaments
           as
           the
           Law
           required
           :
           And
           professed
           that
           he
           had
           the
           year
           before
           ,
           freely
           and
           heartily
           consented
           to
           that
           Act
           which
           re-enacted
           those
           Antient
           laws
           of
           Edvv.
           3.
           which
           are
           conceived
           amongst
           others
           ,
           to
           make
           the
           Prorogation
           void
           .
           Yet
           I
           must
           tell
           you
           there
           are
           those
           that
           affirm
           ,
           all
           the
           laws
           for
           
             Annual
             Parliaments
          
           ,
           to
           be
           
             Musty
             absolete
             Statutes
             vvhose
             strength
             and
             life
             are
             devoured
             by
             time
          
           ;
           But
           it
           is
           enough
           to
           stop
           their
           mouthes
           ,
           that
           they
           have
           been
           declared
           by
           two
           Parliaments
           within
           40
           years
           last
           past
           ,
           to
           be
           the
           laws
           of
           our
           Realm
           ,
           and
           indeed
           they
           are
           laws
           of
           such
           a
           nature
           ,
           as
           cannot
           be
           weakened
           by
           any
           neglect
           of
           their
           due
           execution
           ,
           being
           declarative
           of
           the
           common
           law
           ,
           and
           a
           most
           essential
           part
           of
           the
           constitution
           of
           the
           English
           Government
           ,
           which
           altogether
           lives
           and
           subsists
           in
           and
           by
           the
           certainty
           of
           Parliaments
           meeting
           .
           If
           it
           were
           admitted
           for
           Truth
           ,
           That
           neither
           the
           Common-Law
           ,
           nor
           the
           Statutes
           did
           indispensably
           oblige
           the
           Calling
           of
           Parliaments
           ,
           at
           any
           certain
           times
           ,
           but
           that
           their
           Meetings
           were
           only
           at
           the
           Wills
           of
           the
           kings
           ,
           then
           the
           kings
           did
           no
           wrong
           if
           they
           commanded
           the
           people
           ,
           as
           was
           once
           done
           in
           a
           kingdom
           ,
           by
           Proclamation
           ,
           
             Never
             to
             mention
             parliaments
             more
          
           .
           If
           these
           laws
           be
           dead
           of
           Age
           ,
           the
           Antient
           Famous
           English-Liberty
           is
           dead
           with
           them
           ,
           the
           English
           must
           never
           more
           claim
           the
           Name
           of
           
             A
             Free
             People
          
           ,
           if
           they
           have
           no
           share
           by
           right
           in
           the
           Government
           of
           themselves
           ,
           by
           their
           certain
           rightful
           times
           of
           Parliaments
           .
           But
           my
           
             Lord
             Cook
             ,
             part
          
           1.
           of
           
             Instit.
             pag.
          
           81.
           concludes
           rightly
           ,
           
             That
             no
             Act
             of
             prlaiament
             can
             loose
             its
             force
             ,
             or
             be
             antiquated
             by
          
           non
           user
           .
           
             unless
             the
             Reason
             of
             it
             fail
             ,
             and
             the
             Use
             of
             it
             is
             impossible
             ,
             and
             by
          
           
           
             change
             of
             time
             becomes
             a
             publick
             mischief
             ;
             but
             not
             those
             especially
             vvhich
             are
             made
             to
             bind
             the
             Kings
             themselves
             for
             the
             Common
             good
             ,
             for
             such
             are
             the
             Lavvs
             for
             parliaments
             .
          
           Yet
           he
           that
           observes
           in
           our
           English
           law
           books
           and
           Histories
           in
           the
           time
           of
           king
           
             John
             ,
             Hen.
          
           8.
           
           Ed.
           1.
           and
           Ed.
           2.
           
           How
           the
           Nobles
           and
           Free-holders
           claimed
           their
           right
           by
           the
           Common
           law
           to
           meet
           in
           Parliament
           before
           these
           Statutes
           were
           made
           ,
           and
           how
           often
           they
           compelled
           their
           kings
           ,
           (
           I
           do
           not
           say
           how
           lawfull
           such
           compulsion
           was
           )
           when
           need
           required
           to
           call
           parliaments
           ,
           and
           if
           he
           observes
           also
           how
           constant
           these
           statutes
           for
           
             Annual
             parliaments
          
           were
           executed
           in
           many
           whole
           kings
           reigns
           succeeding
           each
           other
           next
           after
           their
           making
           ,
           and
           if
           he
           considers
           how
           slowly
           and
           slily
           this
           Grand
           Right
           of
           the
           peoples
           was
           invaded
           and
           stolen
           upon
           in
           latter
           Ages
           ,
           he
           will
           have
           little
           reason
           to
           pretend
           a
           
             non
             user
          
           of
           those
           Statutes
           yet
           if
           some
           neglects
           and
           defaults
           have
           been
           committed
           against
           the
           laws
           ,
           it
           concerns
           his
           Majesty
           in
           Conscience
           ,
           and
           the
           people
           in
           Interest
           much
           more
           ,
           not
           to
           permit
           it
           hereafter
           ,
           least
           patient
           sufferánce
           of
           the
           wrong
           ,
           become
           an
           argument
           against
           the
           peoples
           Right
           .
        
         
           Pray
           Sir
           ,
           read
           the
           sense
           of
           our
           Ancestors
           upon
           the
           kings
           neglect
           of
           executing
           a
           law
           against
           the
           Pope
           ,
           whom
           they
           then
           adored
           ,
           't
           is
           the
           Statute
           of
           Provisors
           of
           the
           25
           of
           Ed.
           3.
           
           These
           are
           the
           words
           ,
           
             The
             king
             seeing
             the
             dammages
             and
             mischiefs
             before
             mentioned
             ,
             and
             having
             regard
             to
             the
             said
             statute
             ,
             &c.
             
             Which
             statute
             holdeth
             its
             force
             ,
             and
             was
             never
             defeated
             ,
             repealed
             ,
             nor
             annull'd
             ;
             and
             by
             so
             much
             he
             is
             bounden
             by
             his
             Oath
             to
             cause
             the
             same
             to
             be
             kept
             as
             the
             law
             of
             the
             realm
             ,
             though
             that
             by
             sufferance
             and
             negligence
             ,
             it
             hath
             been
             sithence
             attempted
             to
             the
             contrary
             .
          
        
         
           Truly
           Sir
           ,
           these
           seem
           to
           be
           honest
           ,
           plain
           ,
           old
           English
           words
           ,
           and
           if
           the
           Statutes
           about
           parliaments
           were
           put
           in
           the
           front
           or
           preface
           ,
           they
           would
           sound
           well
           from
           his
           Majesties
           mouth
           in
           a
           
             Nevv
             Statute
          
           .
           But
           some
           there
           are
           ,
           Sir
           ,
           who
           find
           softer
           Cushons
           in
           a
           Parliament
           Seat
           than
           you
           do
           ,
           who
           to
           avoid
           
           the
           nullity
           of
           the
           prorogation
           ,
           assert
           ,
           
             That
             the
             Statutes
             for
             yearly
             Parliaments
             ,
             may
             be
             dispenced
             vvith
             by
             the
             kings
             Soveraign
             povver
             and
             prerogative
             ,
             being
          
           (
           say
           they
           )
           only
           Councils
           and
           Advices
           
             to
             the
             king
             ,
             and
             not
             obligatory
             .
          
        
         
           This
           is
           boldly
           said
           ,
           if
           it
           could
           be
           as
           soundly
           proved
           ,
           it
           would
           put
           all
           questions
           between
           the
           king
           and
           his
           Subjects
           to
           everlasting
           silence
           ;
           if
           he
           can
           legally
           or
           of
           right
           dispence
           ,
           or
           absolve
           himself
           from
           all
           the
           bonds
           of
           the
           Law
           ,
           for
           holding
           parliaments
           ,
           by
           whom
           the
           Lawes
           are
           to
           be
           maintained
           ,
           and
           the
           highest
           transgressors
           punished
           ,
           he
           may
           dispence
           with
           the
           lawes
           whereby
           all
           other
           Courts
           sit
           ,
           and
           then
           he
           is
           loose
           from
           all
           lawes
           ,
           and
           nothing
           of
           right
           can
           be
           claimed
           of
           him
           by
           the
           subject
           .
           To
           dispute
           with
           statutes
           of
           this
           nature
           by
           the
           king
           without
           limitation
           of
           time
           or
           other
           rule
           than
           his
           Will
           ,
           is
           the
           same
           in
           other
           words
           ,
           as
           to
           repeale
           or
           anull
           these
           statutes
           ,
           and
           revive
           them
           again
           when
           he
           pleaseth
           ;
           and
           that
           is
           to
           asume
           to
           the
           Crown
           ,
           singly
           ,
           the
           legislative
           power
           which
           consists
           as
           much
           in
           anulling
           as
           in
           making
           lawes
           .
           And
           if
           that
           be
           the
           kings
           rightfull
           power
           ,
           then
           all
           the
           laws
           are
           absolutely
           dependant
           upon
           the
           Will
           of
           the
           king
           .
           I
           have
           read
           that
           an
           attempt
           of
           the
           same
           kind
           was
           made
           by
           king
           Rich.
           2.
           in
           setting
           up
           a
           Phantatick
           opinion
           (
           as
           the
           Parliament
           then
           called
           it
           )
           saying
           ,
           that
           the
           lawes
           of
           the
           Realm
           were
           in
           his
           head
           and
           in
           his
           breast
           ;
           but
           it
           cost
           the
           people
           very
           dear
           ,
           both
           in
           blood
           and
           treasure
           ,
           to
           confute
           it
           :
           and
           the
           poor
           king
           lost
           his
           Crown
           ,
           and
           life
           for
           that
           fancy
           .
           I
           will
           not
           trouble
           you
           or
           my self
           with
           the
           Common
           (
           yet
           dangerous
           )
           Doctrine
           of
           my
           Tribe
           ,
           about
           the
           kings
           Power
           to
           dispence
           with
           penall
           lawes
           ,
           by
           his
           
             non
             obstante
          
           :
           I
           am
           only
           to
           inquire
           in
           this
           case
           ,
           what
           dispensing
           power
           the
           king
           hath
           ,
           over
           the
           statutes
           made
           and
           declared
           only
           to
           bind
           and
           limit
           the
           kings
           themselves
           ,
           in
           the
           execution
           of
           their
           Trust
           about
           the
           Government
           ,
           such
           as
           are
           in
           their
           prime
           true
           intent
           ,
           sacred
           Pacts
           ,
           or
           Arguments
           between
           the
           king
           and
           People
           ,
           though
           in
           honuor
           to
           the
           king
           ,
           there
           could
           not
           be
           aded
           to
           them
           the
           sanction
           of
           a
           penalty
           upon
           the
           king
           
           Judicialy
           .
           These
           statutes
           that
           I
           now
           discourse
           of
           ,
           are
           the
           Foundations
           of
           our
           Government
           ,
           and
           declarative
           only
           ,
           shewing
           what
           our
           Government
           is
           ,
           that
           is
           ,
           by
           king
           and
           Parliament
           ,
           and
           how
           far
           the
           Crown
           is
           trusted
           with
           the
           power
           of
           caling
           Parliaments
           ;
           that
           is
           ,
           as
           often
           as
           there
           should
           be
           ocasion
           within
           every
           year
           ,
           and
           not
           otherwise
           .
           Our
           government
           was
           never
           originally
           founded
           upon
           such
           rediculous
           folly
           by
           our
           wise
           Ancestars
           ,
           as
           to
           intend
           themselves
           to
           be
           a
           
             Free
             People
          
           ,
           to
           make
           and
           alter
           their
           own
           lawes
           ,
           for
           their
           Government
           with
           their
           kings
           ,
           and
           he
           to
           call
           them
           to
           parliament
           to
           that
           intent
           ,
           and
           to
           leave
           it
           absolvtely
           to
           the
           kings
           Will
           ,
           even
           lawfully
           ,
           or
           of
           right
           by
           their
           Fundamental
           laws
           ,
           to
           defeat
           their
           meeting
           in
           Parliament
           for
           ever
           .
           If
           our
           Government
           were
           so
           founded
           ,
           and
           doth
           so
           continue
           ,
           our
           English
           Crown
           is
           of
           right
           ,
           or
           by
           law
           ,
           in
           no
           kind
           restrained
           ,
           limitted
           or
           bounded
           in
           the
           exercise
           of
           the
           Regal
           power
           unless
           it
           please
           ,
           and
           if
           the
           kings
           shall
           condescend
           to
           consult
           with
           Parliaments
           ,
           and
           agree
           to
           some
           Statutes
           to
           limit
           themselves
           ,
           there
           is
           no
           more
           done
           than
           was
           by
           the
           men
           of
           Gotham
           ,
           that
           made
           a
           Hedge
           for
           the
           Coockows
           .
        
         
           These
           Reasons
           ,
           Sir
           ,
           are
           not
           urged
           to
           shew
           any
           defects
           in
           our
           Government
           ,
           which
           may
           or
           ought
           to
           be
           amended
           ,
           but
           to
           prove
           ,
           that
           our
           Government
           was
           founded
           upon
           such
           certain
           laws
           and
           Customs
           ,
           that
           the
           kings
           never
           had
           absolute
           power
           ,
           but
           that
           the
           power
           of
           Parliaments
           ,
           and
           their
           certain
           Meetings
           ,
           were
           of
           right
           ,
           and
           as
           much
           a
           part
           of
           our
           Government
           as
           the
           kings
           themselves
           .
           And
           I
           think
           it self
           evident
           from
           the
           nature
           and
           manner
           of
           the
           English
           Government
           ,
           owned
           in
           all
           Ages
           ,
           to
           be
           quallified
           by
           laws
           ,
           binding
           both
           King
           and
           People
           ,
           that
           the
           king
           cannot
           more
           dispence
           with
           the
           Laws
           which
           limit
           the
           times
           wherein
           parliaments
           ought
           to
           be
           holden
           ,
           than
           with
           the
           laws
           that
           preserve
           our
           lives
           and
           estates
           from
           being
           subject
           to
           this
           Will.
           Parliaments
           are
           of
           the
           Essence
           of
           our
           Government
           ,
           and
           must
           have
           the
           times
           of
           their
           assembling
           indispensible
           ;
           and
           if
           it
           be
           not
           of
           right
           by
           
           law
           ,
           that
           they
           are
           to
           be
           held
           within
           cercain
           Circles
           of
           time
           ,
           as
           Custom
           and
           law
           have
           appointed
           ,
           then
           there
           's
           no
           necessity
           in
           law
           that
           they
           should
           be
           held
           at
           any
           time
           if
           the
           king
           please
           ,
           and
           by
           consequence
           ,
           they
           are
           none
           of
           the
           Essentials
           of
           our
           Government
           ,
           but
           the
           Government
           may
           be
           without
           them
           .
           If
           the
           kings
           may
           of
           right
           dispence
           with
           the
           times
           appointed
           for
           holding
           Parliaments
           ,
           they
           may
           break
           all
           the
           bonds
           of
           other
           laws
           ,
           no
           other
           power
           daring
           to
           question
           them
           ,
           all
           but
           parliaments
           deriving
           their
           power
           from
           them
           .
           Charles
           the
           seventh
           ,
           and
           Levvis
           the
           eleventh
           of
           France
           ,
           first
           subverted
           the
           liberty
           of
           the
           French
           ,
           and
           all
           their
           antient
           Customs
           and
           laws
           by
           usurping
           that
           pretended
           prerogative
           ,
           of
           dispensing
           with
           the
           certain
           times
           of
           the
           meetings
           of
           their
           assembly
           of
           Estates
           ,
           by
           that
           means
           they
           suffered
           them
           to
           meet
           very
           seldom
           ,
           and
           their
           immediate
           Successors
           proceeded
           to
           arrogate
           to
           themselves
           more
           power
           over
           those
           Assemblies
           ,
           untill
           they
           have
           in
           fact
           (
           perhaps
           not
           in
           right
           )
           abolished
           almost
           the
           memory
           of
           them
           ,
           and
           reduced
           the
           people
           to
           a
           miserable
           slavery
           ,
           the
           people
           having
           no
           other
           fence
           of
           their
           liberty
           .
           Dear
           Sir
           ,
           to
           deal
           plainly
           ,
           I
           believe
           the
           opinion
           that
           the
           King
           might
           dispence
           with
           Parliaments
           meeting
           notwithstanding
           the
           statutes
           ,
           or
           prorogue
           them
           as
           long
           as
           he
           pleaseth
           ,
           is
           built
           upon
           that
           gross
           vulgar
           Error
           ,
           
             That
             Parliaments
             are
             the
             Creatures
             of
             the
             kings
             Will
             ,
             because
             they
             are
             summoned
             by
             his
             Writs
             ,
             and
             dissolved
             also
             vvhen
             he
             thinks
             sit
             .
          
        
         
           I
           wish
           our
           Government
           were
           better
           understood
           both
           by
           our
           Lords
           and
           Commons
           ,
           they
           ought
           to
           know
           that
           the
           Writts
           of
           Summons
           for
           a
           Parliament
           once
           a
           year
           ,
           are
           to
           be
           issued
           by
           the
           king
           in
           obedience
           to
           the
           laws
           ,
           and
           if
           there
           be
           occasion
           for
           calling
           them
           oftener
           ,
           the
           Writts
           issue
           in
           performance
           of
           the
           kings
           Trust
           and
           Oath
           ,
           to
           remove
           by
           Parliaments
           ,
           the
           mischiefs
           that
           afflict
           the
           People
           .
        
         
           The
           Statute
           of
           Provisors
           25
           Edvv
           3.
           speakes
           this
           plainly
           ,
           
             viz.
             The
             Commons
             pray
             the
             King
             ,
             that
             sith
             the
             right
             of
             the
             Crovvn
             of
          
           England
           ,
           
             and
             the
             Lavv
             of
             the
             said
             Realm
             is
             such
             that
          
           
           
             upon
             the
             mischiefs
             and
             dammages
             vvhich
             happen
             to
             his
             Realm
             ,
             he
             ought
             and
             is
             bound
             by
             his
             Oath
             ,
             vvith
             the
             accord
             of
             his
             People
             in
             Parliament
             ,
             thereof
             to
             make
             remedy
             and
             Lavv.
          
           This
           king
           and
           people
           agreed
           ,
           that
           it
           was
           the
           English
           Constitution
           ,
           and
           Kings
           Duty
           to
           Call
           Parliaments
           as
           the
           Lawes
           required
           ;
           and
           if
           any
           mischiefes
           happened
           ,
           he
           was
           bound
           by
           his
           Oath
           then
           to
           call
           them
           and
           to
           joyne
           in
           accord
           with
           them
           to
           remove
           the
           mischiefs
           and
           dammages
           ,
           before
           they
           were
           dissolved
           ;
           else
           by
           the
           declaration
           in
           this
           law
           he
           saved
           not
           his
           Oath
           by
           calling
           them
           .
           And
           as
           the
           law
           binds
           the
           king
           upon
           Oath
           ,
           to
           send
           out
           the
           summons
           for
           parliaments
           ,
           so
           it
           provides
           the
           very
           form
           of
           the
           VVrit
           which
           must
           be
           sent
           ,
           the
           king
           must
           summon
           them
           in
           no
           other
           form
           than
           the
           law
           hath
           appointed
           ,
           The
           law
           hath
           not
           trusted
           the
           king
           to
           adde
           to
           ,
           leave
           out
           ,
           or
           alter
           one
           word
           in
           the
           writ
           of
           summons
           ;
           an
           Act
           of
           parliament
           only
           can
           vary
           one
           tittle
           of
           it
           .
           The
           law
           hath
           also
           prescribed
           to
           parliaments
           their
           business
           in
           general
           ,
           which
           are
           the
           matters
           that
           concern
           the
           king
           ,
           the
           state
           ,
           and
           the
           defence
           of
           the
           Realm
           .
           These
           are
           words
           so
           large
           ,
           that
           there
           seemes
           to
           be
           nothing
           that
           concerns
           the
           wellfare
           of
           king
           or
           people
           ,
           which
           doth
           not
           fall
           under
           their
           consultations
           .
           But
           ,
           Pray
           Sir
           observe
           ,
           that
           't
           is
           not
           the
           kings
           will
           that
           impowers
           your
           brethren
           ,
           that
           's
           no
           more
           than
           a
           Command
           of
           the
           law
           by
           the
           king
           
             ex
             Officio
          
           ,
           that
           the
           people
           do
           impower
           such
           as
           they
           elect
           they
           are
           to
           authorize
           them
           as
           the
           writ
           declares
           ,
           to
           do
           and
           consent
           to
           what
           shall
           by
           the
           Common
           Council
           of
           the
           kingdom
           be
           then
           ordained
           ;
           
             Ita
             quod
          
           (
           saith
           the
           VVrit
           )
           
             pro
             defestu
             potestatis
             hujusmodi
          
           ,
           &c.
           
           So
           that
           for
           want
           of
           such
           power
           ,
           the
           foresaid
           business
           may
           not
           remain
           undone
           .
           The
           Parliament
           derives
           not
           any
           power
           from
           his
           Majesty
           ,
           but
           from
           the
           first
           Root
           of
           Government
           ,
           the
           Peoples
           Choyce
           ,
           according
           to
           the
           laws
           :
           For
           that
           reason
           ,
           Indentures
           are
           ,
           and
           ought
           to
           be
           sealed
           between
           the
           People
           and
           the
           Elected
           ,
           and
           then
           they
           are
           immediately
           invested
           with
           a
           share
           of
           the
           legislative
           power
           ,
           for
           that
           time
           ,
           which
           is
           the
           greatest
           and
           highest
           
           power
           and
           therefore
           in
           its
           own
           nature
           independent
           ,
           every
           estate
           having
           share
           in
           the
           legislative
           power
           ,
           for
           the
           Proportion
           it
           hath
           therein
           ,
           hath
           its
           independency
           of
           the
           other
           two
           and
           of
           its
           proper
           right
           ,
           as
           founded
           in
           the
           fabrick
           and
           fram
           of
           the
           policy
           and
           government
           ,
           not
           derived
           from
           the
           grace
           of
           the
           king
           by
           grant
           or
           Commission
           .
           I
           have
           said
           too
           much
           I
           doubt
           against
           the
           power
           of
           the
           king
           to
           despense
           with
           the
           statutes
           for
           yearly
           parliaments
           ,
           and
           yet
           I
           must
           adde
           this
           one
           thing
           more
           ,
           That
           parliaments
           are
           by
           many
           statutes
           as
           well
           as
           by
           the
           Common
           law
           ,
           our
           highest
           Court
           of
           Judicature
           ,
           before
           whom
           comes
           writts
           of
           error
           ,
           And
           the
           last
           appeales
           in
           all
           cases
           .
           And
           that
           Ancient
           
             Mirror
             of
             Justice
          
           tells
           us
           that
           their
           Judicature
           was
           intended
           to
           hear
           and
           determine
           the
           complaints
           of
           the
           wrongfull
           Acts
           of
           the
           king
           ,
           the
           Queen
           ,
           and
           their
           Children
           ,
           and
           of
           those
           persons
           against
           whom
           the
           subjects
           otherwise
           could
           not
           have
           common
           Justice
           ;
           now
           if
           the
           king
           can
           of
           right
           dispence
           with
           the
           certain
           appointed
           sitting
           of
           this
           Judicature
           ,
           he
           can
           lawfully
           say
           the
           wrongs
           that
           I
           and
           my
           great
           Ministers
           (
           too
           bigg
           for
           other
           Courts
           ,
           )
           shall
           do
           to
           the
           people
           ,
           shall
           never
           be
           heard
           or
           Judged
           but
           at
           my
           will
           ;
           their
           complaints
           shall
           not
           be
           admitted
           once
           in
           50.
           years
           ,
           nor
           till
           domes
           day
           ,
           unless
           I
           please
           .
        
         
           If
           our
           men
           of
           the
           Robe
           will
           maintain
           such
           a
           dispensing
           Power
           in
           the
           king
           with
           the
           statutes
           in
           question
           ,
           they
           must
           say
           ,
           that
           the
           king
           may
           by
           law
           prevent
           and
           defeat
           the
           last
           results
           of
           Justice
           ,
           and
           null
           the
           highest
           Court
           of
           Judicature
           ,
           founded
           on
           the
           common
           law
           ,
           and
           let
           them
           tell
           me
           ,
           why
           he
           may
           not
           ,
           by
           the
           same
           right
           and
           reason
           ,
           despence
           with
           the
           lawes
           whereby
           all
           the
           inferior
           Courts
           of
           Judicature
           now
           fits
           ,
           or
           adnull
           the
           Courts
           themselves
           ,
           and
           throw
           all
           things
           into
           a
           confused
           Chaos
           ,
           where
           the
           strongest
           shall
           injoy
           every
           thing
           ,
           Upon
           these
           Premises
           ,
           I
           may
           dare
           to
           conclude
           ,
           That
           the
           laws
           for
           holding
           a
           Parliament
           every
           year
           ,
           stand
           firm
           and
           immutable
           ,
           untill
           an
           undobted
           parliament
           shall
           repeale
           them
           by
           some
           express
           words
           ,
           and
           that
           the
           prorogation
           can
           
           never
           be
           reconciled
           to
           those
           lawes
           ;
           or
           be
           helped
           by
           any
           power
           of
           the
           kings
           to
           despence
           with
           them
           ,
           but
           must
           be
           Judged
           inconsistent
           with
           the
           lawes
           ,
           that
           are
           of
           the
           essence
           of
           our
           government
           ;
           having
           actually
           defeated
           the
           execution
           of
           them
           ,
           and
           therefore
           ought
           to
           be
           holden
           for
           nothing
           ,
           and
           the
           day
           appointed
           for
           your
           meeting
           to
           be
           no
           day
           ,
           for
           that
           purpose
           ,
           in
           the
           sence
           of
           our
           law
           .
        
         
           Supposing
           then
           ,
           that
           I
           having
           hitherto
           rightly
           concluded
           ,
           the
           question
           will
           be
           ,
           Whether
           the
           kings
           dismission
           of
           the
           parliament
           ,
           without
           any
           day
           set
           for
           their
           return
           and
           their
           continuing
           so
           beyond
           the
           year
           ,
           be
           a
           dissolution
           ?
        
         
           Ill
           ,
           tell
           you
           ,
           Sir
           ,
           the
           method
           of
           my
           thoughts
           upon
           this
           Question
           ,
           that
           I
           might
           not
           be
           couzened
           with
           words
           ,
           nor
           intangled
           in
           trifling
           disputes
           about
           them
           I
           first
           consider
           ,
           whether
           dissolving
           a
           Parliament
           were
           a
           term
           of
           art
           in
           our
           law
           ,
           and
           ought
           to
           have
           some
           peculir
           sence
           gained
           by
           the
           use
           of
           it
           in
           the
           law
           ;
           But
           finding
           it
           used
           only
           in
           its
           vuilgar
           sence
           .
           I
           perceived
           it
           signified
           to
           break
           off
           ,
           or
           put
           an
           end
           to
           a
           Parliament
           ,
           and
           all
           their
           business
           and
           authority
           ;
           so
           that
           a
           dissolution
           may
           be
           made
           ,
           without
           the
           king
           or
           Lord
           Chancellors
           ,
           saying
           ,
           
             you
             are
             hereby
             dissolved
          
           ,
           The
           force
           of
           the
           law
           or
           custom
           of
           England
           ,
           may
           put
           an
           end
           to
           a
           Parliament
           .
           Of
           old
           ,
           the
           finishing
           the
           business
           of
           the
           people
           ,
           for
           which
           they
           were
           called
           ,
           did
           dissolve
           them
           .
           See
           the
           ancient
           
             Modus
             tenendi
             Parliamt
          
           .
           The
           custom
           was
           that
           when
           all
           the
           petitions
           for
           relief
           against
           grievances
           were
           dispacthed
           ,
           proclamation
           was
           made
           ,
           demanding
           if
           any
           petition
           were
           yet
           unanswered
           ,
           and
           if
           there
           was
           none
           ,
           the
           parliament
           forth
           with
           departed
           ,
           this
           was
           the
           naturall
           death
           or
           dissolution
           of
           a
           parliament
           ,
           but
           if
           the
           king
           did
           command
           the
           Lords
           ,
           and
           Commons
           to
           depart
           before
           they
           had
           suffitiently
           consulted
           about
           the
           state
           ;
           and
           defence
           of
           the
           king
           and
           Kingdom
           ,
           and
           set
           up-day
           for
           their
           return
           ,
           that
           was
           the
           voilent
           death
           of
           a
           Parliament
           ,
           and
           I
           doubt
           a
           violence
           to
           the
           kings
           conscience
           .
        
         
         
           But
           it
           was
           usuall
           for
           the
           kings
           to
           dissolve
           Parliaments
           either
           by
           leave
           or
           command
           given
           them
           to
           depart
           ,
           fixing
           no
           day
           for
           their
           return
           ;
           so
           testify
           the
           Antient
           Rolls
           of
           the
           37.
           
           Ed.
           3.
           n.
           38.
           and
           38.
           
           Ed.
           3.
           n.
           31.
           40
           ,
           Ed.
           3.
           n.
           16.
           45.
           
           Ed.
           3.
           n.
           13.
           50.
           t
           is
           by
           force
           of
           law
           that
           the
           writ
           of
           sumons
           to
           Parliament
           abates
           or
           becomes
           void
           by
           the
           kings
           naturall
           death
           ,
           and
           the
           Parliament
           ,
           is
           thereby
           dissolved
           .
           Upon
           the
           same
           reason
           a
           failer
           of
           some
           circumstance
           ,
           as
           the
           naming
           such
           a
           time
           as
           the
           law
           allowes
           ,
           to
           which
           it
           is
           adjourned
           ,
           the
           holding
           and
           continuing
           a
           parliament
           ,
           if
           Judged
           necessary
           by
           the
           law
           ,
           for
           preserving
           both
           the
           form
           and
           substance
           of
           the
           Government
           ,
           I
           say
           such
           a
           fayler
           in
           time
           onely
           ,
           may
           by
           Act
           of
           law
           ,
           dissolve
           a
           parliament
           even
           against
           the
           will
           of
           the
           king
           ,
           and
           if
           such
           a
           failer
           happens
           ,
           if
           the
           king
           should
           step
           out
           of
           the
           form
           of
           the
           law
           to
           revive
           a
           parliament
           ,
           it
           would
           alter
           the
           whole
           Government
           by
           owning
           a
           power
           in
           the
           king
           to
           vest
           in
           such
           as
           he
           please
           the
           legislative
           power
           out
           of
           the
           form
           of
           the
           law
           .
           In
           making
           a
           parliament
           ,
           the
           king
           hath
           his
           power
           from
           the
           law
           to
           summons
           ,
           and
           the
           form
           wherein
           only
           he
           can
           exert
           that
           power
           :
           And
           the
           Elected
           have
           their
           power
           from
           the
           people
           by
           the
           writ
           of
           the
           law
           ,
           what
           to
           do
           and
           consent
           to
           on
           their
           behalf
           at
           the
           time
           and
           place
           then
           mentioned
           (
           as
           the
           writ
           says
           ,
           
             tunc
             &
             jbidem
          
           )
           and
           these
           powers
           must
           by
           the
           law
           be
           strictly
           and
           punctually
           persued
           ,
           and
           nothing
           less
           than
           an
           Act
           of
           parliament
           can
           help
           any
           defect
           or
           failer
           in
           persuance
           of
           these
           powers
           ;
           if
           the
           Parliament
           then
           meet
           as
           the
           law
           requires
           ,
           if
           they
           fayl
           to
           be
           continued
           in
           the
           form
           of
           the
           law
           ,
           then
           by
           the
           Act
           of
           law
           ,
           they
           are
           dissolved
           ,
           not
           being
           able
           to
           create
           to
           them selves
           a
           day
           or
           time
           which
           will
           not
           agree
           with
           the
           returnes
           to
           the
           writ
           of
           summons
           ,
           by
           which
           their
           Masters
           impowred
           them
           to
           consent
           on
           their
           behalf
           .
           Neither
           is
           this
           a
           nicety
           or
           quirk
           in
           law
           ,
           but
           a
           form
           essentialy
           necessary
           to
           preserve
           our
           liberties
           .
           If
           the
           representatives
           ,
           trusted
           for
           the
           people
           ,
           to
           do
           and
           consent
           for
           them
           at
           the
           time
           and
           place
           mentioned
           ,
           in
           the
           lawfull
           writ
           ,
           after
           a
           fayler
           of
           continving
           
           their
           trust
           ,
           as
           the
           law
           directs
           ,
           pceede
           to
           Act
           as
           a
           parliament
           ,
           they
           must
           do
           it
           without
           any
           appointment
           or
           power
           given
           them
           from
           the
           people
           ,
           in
           any
           form
           of
           law
           ,
           and
           in
           the
           appearance
           and
           Judgment
           of
           the
           law
           ,
           without
           any
           Authoritie
           ,
           and
           if
           they
           might
           do
           it
           after
           fayler
           of
           a
           legall
           continuance
           one
           year
           ,
           they
           may
           do
           it
           after
           20
           years
           ;
           and
           because
           they
           were
           once
           commissioned
           by
           the
           people
           to
           represent
           them
           in
           one
           parliament
           ,
           they
           should
           therefore
           make
           themselves
           Lords
           of
           the
           people
           ,
           and
           of
           their
           Laws
           Lives
           and
           Liberties
           for
           ever
           ;
           and
           admit
           whom
           they
           please
           (
           as
           some
           have
           done
           heretofore
           )
           into
           their
           society
           ,
           and
           if
           it
           should
           be
           admitted
           ,
           that
           any
           number
           of
           men
           ,
           might
           exercise
           a
           share
           of
           the
           legislative
           power
           ,
           without
           evidence
           in
           law
           ,
           upon
           record
           ,
           that
           they
           were
           thereunto
           first
           sufficiently
           authorized
           and
           therein
           legally
           continued
           ,
           it
           would
           give
           a
           fatall
           stroak
           to
           the
           Antient
           English
           government
           and
           all
           its
           lawes
           and
           liberties
           ,
           Sir
           from
           these
           principles
           I
           tell
           you
           freely
           my
           opinion
           ,
           That
           the
           parliament
           is
           dissolved
           ,
           having
           been
           dismissed
           ,
           or
           commanded
           to
           depart
           ,
           without
           a
           day
           to
           return
           within
           the
           time
           that
           the
           Laws
           require
           a
           Parliament
           to
           be
           holden
           ,
           and
           that
           time
           also
           lapsed
           since
           their
           dismission
           ;
           I
           think
           it
           not
           material
           in
           the
           case
           ,
           what
           words
           the
           Lord
           Chancellor
           said
           when
           he
           dismissed
           them
           ;
           If
           he
           said
           ,
           
             you
             are
             prorogued
          
           ,
           or
           
             you
             are
             dismissed
          
           ,
           or
           
             you
             are
             sent
             home
          
           ,
           or
           
             you
             must
             be
             gon
          
           ,
           't
           is
           all
           one
           ;
           I
           mind
           what
           was
           really
           done
           ;
           you
           were
           in
           substance
           and
           sence
           of
           the
           words
           commanded
           to
           dissolve
           your
           Assembly
           ,
           and
           you
           were
           told
           that
           all
           the
           business
           before
           you
           was
           at
           an
           end
           ,
           as
           if
           it
           had
           not
           been
           ;
           and
           that
           you
           must
           not
           assemble
           again
           or
           hold
           Parliament
           for
           above
           a
           year
           then
           following
           ;
           and
           you
           did
           separate
           your selves
           ,
           and
           never
           held
           Parliament
           within
           the
           year
           ,
           and
           this
           by
           the
           act
           and
           judgment
           of
           the
           Law
           hath
           Dissolved
           you
           ;
           there
           hath
           been
           a
           failer
           of
           any
           such
           act
           in
           law
           as
           could
           continue
           you
           in
           the
           Commission
           and
           Authority
           whereunto
           the
           People
           hath
           chosen
           you
           ,
           in
           the
           Form
           that
           the
           laws
           hath
           prescribed
           :
           The
           King
           declaring
           ,
           under
           the
           name
           of
           proroguing
           
           you
           that
           all
           the
           〈◊〉
           you
           had
           begun
           should
           be
           void
           ,
           and
           that
           you
           should
           not
           meet
           in
           parliament
           the
           next
           insuing
           year
           (
           as
           the
           law
           required
           ,
           I
           say
           that
           declartion
           of
           the
           kings
           could
           not
           in
           any
           construction
           of
           law
           ,
           be
           an
           Act
           of
           continuance
           of
           your
           power
           and
           commission
           ,
           you
           had
           from
           the
           people
           ,
           the
           execution
           whereof
           was
           thereby
           wholly
           defeated
           ;
           likewise
           there
           was
           no
           Act
           of
           your
           own
           ,
           by
           adjournment
           of
           your
           house
           ,
           to
           continue
           you
           ,
           and
           therefore
           your
           Authority
           was
           wholly
           superseded
           ,
           and
           discontinued
           .
           I
           know
           nothing
           that
           can
           be
           pretended
           to
           prevent
           your
           discontinuance
           ,
           but
           the
           kings
           will
           that
           you
           should
           sit
           again
           3
           months
           after
           the
           year
           expired
           ;
           but
           his
           prevention
           of
           your
           sitting
           for
           above
           a
           year
           ,
           having
           contrary
           to
           the
           law
           and
           his
           trust
           ,
           first
           discontinved
           you
           ,
           his
           Will
           cannot
           give
           ,
           or
           renew
           ,
           those
           Parliamentary
           powers
           ,
           that
           the
           people
           gave
           you
           in
           return
           of
           the
           legall
           writ
           ;
           The
           Lord
           Cooke
           sayth
           
             3.
             
             Part.
             Instis.
             Chap.
             Parl
             If
             you
             sit
             again
             ,
             you
             are
             a
             severall
             Parliament
             from
             vvhat
             you
             vvere
             ,
          
           (
           if
           you
           be
           a
           Parliament
           )
           
             every
             distinct
             session
             ,
             being
             in
             lavv
             a
             severall
          
           Parliament
           .
           And
           your
           former
           Authorities
           being
           Ceased
           by
           a
           failer
           of
           continuance
           ,
           you
           can
           have
           none
           but
           what
           the
           kings
           will
           vest
           in
           you
           ,
           and
           I
           need
           not
           tell
           you
           ,
           that
           the
           king
           cannot
           chuse
           for
           the
           people
           their
           Representatives
           .
           To
           me
           it
           seemes
           playn
           ,
           that
           the
           king
           having
           not
           continued
           you
           ,
           nor
           you
           continued
           your selves
           ,
           nor
           having
           set
           or
           held
           Parliament
           for
           above
           a
           year
           ,
           the
           law
           hath
           dissolved
           you
           ,
           and
           Judged
           you
           for
           none
           .
        
         
           I
           have
           not
           time
           to
           write
           you
           all
           the
           talks
           of
           the
           Town
           upon
           this
           question
           ;
           some
           have
           invented
           a
           new
           fashion
           prorogation
           ,
           for
           the
           king
           to
           prorogue
           without
           day
           ,
           and
           call
           the
           Parliament
           again
           by
           proclamation
           ;
           but
           their
           mouths
           must
           be
           stopped
           ,
           if
           they
           be
           only
           told
           ,
           That
           such
           a
           practise
           or
           use
           of
           prorogation
           ,
           hath
           no
           foundation
           in
           any
           Statute
           ,
           Custome
           usage
           ,
           or
           Reason
           of
           Law
           ,
           and
           the
           king
           cannot
           change
           the
           lawes
           and
           customes
           or
           introduce
           new
           .
           I
           take
           a
           prorogation
           ,
           
             Sine
             die
          
           ,
           if
           any
           such
           be
           made
           ,
           to
           be
           as
           void
           in
           law
           ,
           as
           a
           writ
           of
           
           summons
           of
           a
           Parliament
           would
           be
           ,
           that
           named
           no
           day
           for
           their
           sitting
           .
        
         
           And
           there
           can
           be
           no
           pretence
           of
           Antiquity
           for
           such
           prorogations
           ,
           the
           words
           of
           Adjornment
           and
           Prorogation
           ,
           having
           been
           used
           in
           differently
           for
           the
           same
           thing
           about
           400.
           years
           ,
           if
           not
           more
           They
           were
           so
           taken
           in
           the
           state
           of
           13.
           
           E.
           4.
           n.
           42.
           and
           how
           long
           after
           I
           cannot
           find
           ;
           but
           it
           would
           have
           been
           a
           plain
           contradiction
           in
           termes
           ,
           to
           have
           said
           ,
           then
           the
           Parliament
           is
           adjorned
           ,
           
             Sine
             die
          
           ,
           that
           is
           ,
           it
           was
           appointed
           to
           meet
           at
           another
           day
           ,
           without
           a
           day
           .
           It
           s
           a
           sign
           that
           men
           are
           sore
           pinched
           ,
           when
           they
           will
           assert
           contradictions
           rather
           then
           submit
           to
           truth
           .
        
         
           I
           ought
           to
           tell
           you
           one
           thing
           more
           that
           is
           said
           in
           this
           case
           ;
           they
           pretend
           a
           president
           ,
           that
           the
           king
           hath
           prorogued
           above
           a
           year
           ,
           they
           say
           ,
           that
           in
           the
           great
           plague
           ,
           in
           the
           7.
           of
           Eli.
           that
           Parliament
           was
           prorogued
           for
           a
           year
           and
           three
           dayes
           ,
           what
           then
           ?
           say
           they
           therefore
           the
           king
           might
           do
           it
           now
           .
           Such
           arguers
           shew
           themselves
           pittifull
           
             Logitians
             ,
             lack-lerning
             lavvyers
          
           ,
           and
           
             degenerate
             English
             men
          
           ;
           Is
           it
           
             a
             logicall
          
           arguments
           to
           say
           ,
           that
           what
           ever
           any
           king
           of
           England
           hath
           once
           or
           oftner
           done
           ,
           may
           be
           lawfully
           done
           by
           any
           other
           king
           .
           An
           English
           king
           ;
           Rich.
           2.
           by
           pretence
           of
           Royall
           authority
           cut
           many
           a
           worthy
           mans
           throat
           ,
           and
           murdered
           his
           Unkle
           ,
           the
           Duke
           of
           Gloster
           .
           An
           other
           king
           ,
           Iohn
           ,
           sold
           this
           kingdom
           to
           the
           Pope
           May
           it
           therefore
           be
           lawfully
           sold
           ?
           and
           have
           any
           lawyers
           learned
           so
           little
           ,
           as
           not
           to
           know
           that
           there
           is
           no
           President
           to
           be
           alledged
           against
           an
           express
           Statute
           ?
           or
           not
           to
           know
           A
           Transgression
           of
           a
           statute
           ,
           even
           by
           the
           king
           ,
           if
           silently
           passed
           over
           ,
           and
           never
           brought
           into
           Judgment
           ,
           is
           not
           in
           the
           meaning
           of
           the
           law
           to
           be
           called
           apresident
           .
           There
           's
           no
           use
           of
           presidents
           ,
           unless
           it
           be
           to
           shew
           the
           usage
           where
           there
           is
           no
           statute
           in
           the
           case
           ,
           or
           to
           serve
           the
           construction
           of
           a
           statute
           ,
           where
           the
           meaning
           is
           doubtfull
           ;
           but
           where
           so
           many
           statutes
           are
           plaine
           and
           express
           ,
           as
           in
           this
           case
           ,
           't
           is
           in
           vain
           to
           alledge
           what
           hath
           been
           done
           ,
           and
           connived
           at
           ,
           without
           Questioning
           it
           ,
           as
           
           a
           president
           to
           warrant
           the
           present
           breach
           of
           those
           statutes
           ▪
           or
           rather
           to
           anull
           them
           forever
           .
           And
           they
           must
           also
           as
           much
           degenerate
           from
           English
           men
           as
           from
           Logick
           and
           Lavv
           ,
           who
           shall
           assert
           that
           the
           kings
           of
           England
           may
           acquire
           a
           right
           or
           power
           to
           themselves
           and
           their
           successors
           for
           ever
           ,
           by
           their
           Ancestors
           transgressing
           any
           statute
           ,
           made
           to
           bound
           the
           Regall
           power
           .
        
         
           All
           true
           English
           have
           alwayes
           maintained
           with
           their
           blood
           ,
           that
           our
           kings
           were
           limmitted
           by
           the
           laws
           and
           that
           they
           broke
           their
           oaths
           if
           they
           did
           not
           carefully
           see
           to
           the
           execution
           of
           them
           .
           And
           in
           dayes
           of
           yore
           ,
           they
           have
           been
           so
           far
           from
           allowing
           the
           son
           and
           succesor
           of
           a
           king
           ,
           to
           break
           any
           of
           the
           laws
           ,
           because
           his
           father
           did
           so
           before
           him
           ,
           they
           have
           rejected
           the
           father
           because
           he
           kept
           not
           within
           the
           limmits
           of
           the
           law
           ,
           and
           taken
           the
           son
           upon
           his
           promise
           not
           to
           walk
           by
           his
           fathers
           Example
           .
        
         
           Sir
           ,
           I
           have
           told
           you
           my
           thoughts
           upon
           the
           Question
           ,
           being
           satisfied
           that
           the
           kings
           will
           being
           declared
           upon
           record
           ,
           that
           you
           should
           not
           hold
           Parliament
           within
           the
           time
           limmited
           by
           law
           ,
           you
           were
           thereby
           dissolved
           ,
           and
           the
           Authorities
           given
           you
           by
           the
           people
           ,
           did
           thereby
           cease
           and
           return
           into
           the
           People
           ;
           and
           the
           kings
           will
           that
           you
           should
           afterwards
           hold
           Parliament
           again
           ,
           being
           not
           agreeable
           to
           law
           ,
           could
           not
           revive
           your
           power
           .
           And
           in
           my
           poor
           opinion
           ,
           if
           you
           now
           assume
           to
           your selves
           to
           exercise
           Parliamentary
           powers
           ,
           becaus
           the
           king
           will
           have
           '
           it
           so
           ,
           you
           must
           pass
           this
           fatall
           Judgment
           against
           the
           old
           English
           government
           ,
           That
           the
           king
           may
           lawfully
           prorouge
           you
           for
           40.
           years
           if
           he
           please
           ,
           and
           may
           refuse
           for
           ever
           to
           hold
           a
           Parliament
           ;
           and
           if
           such
           a
           Judgment
           ,
           seemingly
           passed
           in
           Parliament
           against
           our
           Fundamentall
           lawes
           and
           liberties
           ,
           shall
           ever
           be
           left
           to
           the
           interpretation
           of
           any
           successors
           to
           our
           gracious
           king
           ,
           who
           shall
           intend
           a
           Tyranny
           ,
           he
           shall
           claim
           by
           that
           record
           to
           be
           our
           absolute
           master
           ,
           and
           neither
           Lords
           nor
           Commons
           ,
           to
           have
           any
           right
           to
           provide
           in
           Common
           Counsel
           for
           the
           defence
           of
           the
           Realm
           ,
           and
           their
           
           own
           good
           government
           and
           wellfare
           ,
           unless
           be
           please
           .
        
         
           In
           fine
           ,
           our
           innocent
           babes
           shall
           hereafter
           read
           in
           that
           record
           ,
           that
           you
           Judged
           your selves
           and
           them
           to
           be
           perfect
           slaves
           ,
           all
           prostitute
           to
           the
           will
           of
           the
           king
           .
           Doubtless
           if
           it
           be
           granted
           that
           the
           People
           have
           no
           right
           to
           parliaments
           ,
           but
           at
           the
           kings
           will
           ,
           we
           shall
           never
           have
           any
           king
           after
           this
           ,
           that
           will
           tell
           us
           ,
           as
           king
           Iames
           did
           ,
           in
           his
           speech
           to
           the
           parliament
           held
           March.
           19.
           1603.
           
           
             That
             he
             vvas
             not
             ashamed
             to
             confess
             it
             ,
             his
             principle
             honnor
             ,
             to
             be
             the
             great
             servant
             of
             the
             Common
             vvealth
             ,
             and
             that
             he
             knevv
             himself
             to
             be
             ordained
             for
             the
             people
             ,
             and
             not
             the
             people
             for
             him
             .
          
           I
           shall
           not
           advise
           you
           to
           come
           or
           stay
           I
           have
           herein
           delivered
           my
           one
           soul
           ;
           as
           becomes
        
         
           
             Your
             Fithfull
             and
             Affestionate
             Friend
             ▪
             H.
             P.
             
          
        
         
           FINIS
           .