768 The H I SrT ORY of the PURITANS, Chap. XL X. Charlesi. Refolved, " That in cafes of extreme danger, and of his majefty's re- 164.2. " fufal to aet in concert with his parliament, the people ought by the tf " Ludamental laws of the kingdom, to obey the ordinance of both hou- " ° les concerning the militia ; and that fuch perlons as (hall be appointed " deputy lieutenants, and are approved by both houles, ought to take up- " on them to execute their offices, It was relayedfurther, " That the two houles of parliament being " the reprefentative body of the whole nation, and two parts in three of " the legiflature, were the properjudges of the ftate and condition of it. Refòlved, " That when both houles agreed that the nation was in ex- " treme danger, as they now did, the king was obliged by the laws of " ° nature as well as by the laws of the land, to agree to thofe remedies " which they who are his great council fhould advife him to. This feems :Rufhw. '°evident from the ftatute of 25 Edw. M. entitled the Statute of Pro- p. 669. " vifors of Benefices, which fay$, that the right of the crown of England, ".and the laws of the realm is fuch, that upon the mifchiefs and damages " that happen to this realm, ourfovereign lord theking ought, and is bound " by his oath, with the accord of his people in parliament, to ordain remedy " for the removing thereof Refolved, " That if in fuch a time of danger his majefty deferts his par- " liament, or refufes to concur with them in ordaining fuch remedies as " are abfolutely neceffary for the common fafety, then the two houles " ought to look upon themfelves as the guardians of the people; and provide for their defence. Refolved, " That when the lords and commons, which is the fupreme " court of judicature in the kingdom, thall declare what the laws ofthe " land is ; to have this not only queflioned but contradicted, and a com. " wand' that it fhoúld not be obeyed, is a high breach of the privilege of -" parliament." Thekíng'sre- His majefty on the other hand averred, " That the kingdom was in pty. " no danger, but from the arbitrary proceedings of the parliameat, who " were invading the royal prerogative, and fubverting the conftitution in " church and ftate. " That if the kingdom was really in danger, HE was theguardianand " protector of his people, and was anfwerable to God only for his con- " ° duff; but that parliaments were temporary and diffolvable at his plea fure : that he fhould therefore confider them as his counfellors and ad- " vifers, but not his commanders or dictators. His majefty admitted, " That in Tome doubtful cafes the parliament " were judges of the law, but he did not think himfelf bound to renounce ".his own judgment and underftanding, by palling laws which might fe- parate
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