State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

Secondly, What we find hereof in the Statute-Law.

The Statute Laws are Acts of Parliament which are (or ought to be) only Declarato∣ry of the Common Law, which as you have heard, is founded upon right Reason and Scripture; for we are told, that if any thing is Enacted contrary thereto, it is void and null: As Coke Inst. l. 2. c 29. f. 15. Finch. p. 3. 28 H. 8. c. 27. Doct. and Stud.

The first of these Statures which require the frequent Meeting and Sitting of Parliaments, agreeable to the Common Law, we find to be in the time of Ed. 3. viz. 4 Ed. 3. & ch. 14. In these words:

'Item, It is accorded that a Pariament shall be holden every year once, or more often if need be.

The next is in the 36 of the same K. Ed. 3. c. 10. viz.

Item, For the maintenance of the said Articles and Statutes, and Redressing of divers Mischiefs and Grievances which dayly happen, a Parliament shall be holden every year, as at another time was ordained by a Statute,

viz. the aforementioned, in his 4th year. And agreeable hereto, are those Statutes upon the Rolls, viz. 5 Ed. 2.—1 R. 2. No. 95.

By which Statutes it appeareth, That Parliaments ought annually to meet, to support the Government, and to redress the Grievances which may happen in the Interval of Parlia∣ments; That being the great End proposed in their said Meetings. Now, for Parliaments to meet Annually, and not suffered to sit to Answer the Ends, but to be Prorogued or Dis∣solved before they have finished their Work, would be nothing but a deluding the Law, and a striking at the foundation of the Government it self, and rendering Parliaments alto∣gether useless; for it would be all one to have No Parliaments at all, as to have them turn'd off by the Prince before they have done that that they were called and intrusted to do. For by the same Rule whereby they may be so turn'd off one Session, they may be three Sessions, and so to threescore, to the breaking of the Government, and introducing Arbitrary Power. To prevent such intollerable Mischiefs and Inconveniencies, are such good Laws as these made in this King's time, and which were so Sacredly observed in after times, That it was a Custom, especially in the Reigns of H. 4. H 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session, * 1.1

That all those who had any matter to pre∣sent to the Parliament, should bring it in before such a day, for otherwise the Parliament at that day should Determine.

Whereby it appears, the People were not to be eluded, nor disap∣pointed by surprizing Prorogations and Dissolutions, to frustrate and make void the great ends of Parliaments.

And to this purpose, saith a late Learned Author,

That if there was no Statute, or any thing upon record extant, concerning the Parliaments sitting to redress grievances, yet that I must believe, that it is so by the fundamental Law of the Government, which must be lame and imperfect without it; [For, otherwise the Prince and his Ministers may do what they please, and their Wills may be their Laws].

Therefore it is provided for in the very Essence and Constitution of the Government it self; and this (saith our Author) we may call the Common-Law, which is of as much value (if not more) than any Statute, and of which all our good Acts of Parliament and Magna-Charta it self is but Delaratory; so that though the King is intrusted with the formal part of summoning and pronoun∣cing the Dissolution of Parliaments, which is done by Writ; yet the Laws which oblige him (as well as us) have determined how, and when he shall do it; which is enough to shew, that the King's share in the Soveraignty, that is in the Parliament, is cut out to him by Law, and not left at his disposal.

The next Statute we shall mention, to inforce this fundamental Right and Privilege, * 1.2 is the 25th Ed. 3. ch. 23. called the Statute of Provisors, which was made to prevent and cut off the Incroachments of the Bishops of Rome, whose Usurpations in disposing of Benefices occasioned intollerable Grievances, wherein, in the Preamble of the said Statute, it is ex∣pressed as followeth:

Whereupon the Commons have prayed our said Soveraign Lord the King, that sith the Right of the Crown of England, and the Law of the said Realm is such, that upon the Mischiefs and Damage which happeneth to his Realm, be ought, and is bounden of the accord of his said People in his Par∣liament, thereof to make Remedy and Law, in avoiding the Mischiefs and Damage which thereof cometh; That it may please him thereupon to provide Remedy. Our Soveraign Lord the King seeing the Mischiefs and Damage before-named, and having regard to the said Statute made in the time of his said Grand-Father, and to the Causes contained in the same, which Statute holdeth always his force, and was never defeated or annulled in any point, and by so much is bound by his Oath to do the same, to be kept as the Law of this Realm, tho that by Sufferance and Negligence it hath since been attempted to the contrary: And also having regard to the grievous Complainte made to him by his People in divers Parliaments holden heretofore, Willing to ordain Remedy for the great Damages and Mischiefs which have happened, and dayly do happen by the said Cause, &c. By the assent of all the great Men and Commonalty of his said Realm, hath Ordained and Established, &c.

In which preamble of the Statute we may observe, (1.) The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome. (2.) The many Complaints the People had made, who in those dark times under Popery were sen∣sible of, groaning under those Burdens. (3.) The Endeavours used in vain by former Parliaments to Redress the same, and to bring their Laws in being, to have their Force and Effect. (4.) The acknowledgment of the King and Parliament, that the Obligation hereto was upon the King,

(1.) From the Right of the Crown, which obliged every King to pass good Laws. (2.) The Statute in force. (3.) The King's Oath to keep the Old, and pass New Laws for his Peoples safeguard, which they should tender to him. (4.) From the sence of the People, expressed in their Complaints; and, (5.) From the Mischief and Damage which would otherwise ensue.

And therefore by the desire and accord of his People, He passes this famous Law. The Preamble whereof is here recited.

Another Statute to the same purpose you find 2 R. 2. N^o. 28.

Also the Commons in Par∣liament pray, That forasmuch as Petitions and Bills presented in Parliament by divers of the Com∣mons, could not heretofore have their Respective Answers; That therefore both their Petitions and Bills in this present Parliament, as also others which shall be presented in any future Parliament, may have a good and gracious Answer, and Remedy ordained thereupon before the departing of every Parliament: And that to this purpose, a due Statute be ensealed [or Enacted] at this present Parliament, to be and remain in Force for all times to come.

To which the King replied:

Notes

• * 1.1

  An honest and a necessa∣ry Proclama∣tion to be made every Parliament.
• * 1.2

  25 Ed. 3. c. 23. Statute of Provisors.