« PreviousContinue »
who were so earnest the last Session, for having the House of Commons Dissolved, when there is no question of their lawful Sitting, should be now willing to join with them again, when without question they are Dissolved?
Nothing can be more dangerous to a King or a People, than that the Laws should be made by an Assembly, of which there can be a doubt, whether they have power to make Laws or no: And it would be in us inexcufable, if we should overlook this danger, since there is for it fo easie a Reinedy, which the Law requires, and which all the Nation longs for.
The Calling a new Parliament it is, that only can put His Majesty into a possibility of receiving Supplies; that can fecure your Lordfhips the Honour of Sitting in this House like Peers, and of being ferviceable to your King and Country; and that can restore to all the People of England their undoubted Rights of choosing Men frequently to represent their Grievances in Parliament : Without this, all we can do would be in vain; the Nation may languish a while, but must perish at laft: We should become a Burden to our felves, and a Prey to our Neighbours. My Motion theres fore to your Lordships shall be, that we humbly Address ourselves to His Majesty, and beg of him, for his own fake, as well as for the Peoples fake, to give us speedily a New Parliament ; that so we may unaniinously, before
it is too late, to use our utmost Endeavours for His Majesty's Service, and for the Safety, the Welfare, and the Glory of the Enge lish Nation.
Whilst another was speaking, the Duke of Buckingham took a Pen, and writ this Syllogism : And then appealed to the Bishops, wbether it were not a true Syllogism; and to the Judges, whether the Propositions were not true in Law?
T is a Maxim in the Law of England,
that the Kings of England are bound up by all the Statutes made Pro bono Publico ; that every Order or Direction of theirs contrary to the Scope, and full Intent of any such Statute, is Void and Null in Law.
But the last Prorogation of the Parliament was an Order of the King's contrary to an Act of King Edward the Third, made for the greatest Common Good, viz. The Maintenance of all the Statutes of England, and for the Prevention of the Mischiefs and Grieyances, which diily happen.
Therefore the last Prorogation of Parliament is Void and Null in Law.
Spoken by the Duke in the House of LORDS, Feb. sgth 1676. For which he was sent to the Tower.
Suffering is sweet, when Honour doth
but Scorns it.