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Effence to a Parliament ; for if there be any weight in this Reason, a Writ is as necessary as the Consent of the Natis on, by their Legal Representatives to Establish any thing into a Law. Writs can amount to no more than the Means by which the Parliament is concerns ed.
It will be granted that the presenc Writ of Summons was Established by. the Government, and not by the King, and it cannot be deny'd, that wherever the power of the Government rests , ic
if it fee Cause, direct that Parliaments shall be convened in any other manner, or by any other means than by Writ.
For it is not the Wric that makes a man a true Representative, but the Election of those who have right to choose for that place;For otherwise the Sheriff, or other Officer, might have return'd whom he saw good and Elections would be needless. But the Law has more exprefly shewed, that it is the Election that makes the Person a Right Member, and fo consequently, the Election of the People, is that which gives the Effence to a Parliament, because the Law has under greivious pains commanded, Thac Election thall be free. And since the
Constitution of the Government makes choice of Writs, for the Convening of the Representative Body of the Nation, why was not the Parliament as duely concerned, and the Acts they passed as good, since it was impossible to be Summoned in due form, and these Gentlemen might as well have insisted, That a Nation may want a Power to help it self, as to object against the Validity of the last Parliament, because called without Writ.
By the Weight that they lay upon a Writ, they do seem to make a Wrić more necessary to a Parliament than our Allegiance is to the Government, and if that be so, that which is only a Circunstance in the Government, is more to be regarded than whac is necessary to the Peace of it ; But to grant that Abfurdity, What is ic that has given the Sanction to these
aths that our fitting and Voting in Parliament has not putus under all the Disabilities of 30 Caroli, for
certainly within chat Statute, if the last Parliament had not power to alter those Oaths; and if it had, what elfe. they did is as valid ; for all, or none of thofe Acts are good.
If it be destructive of the Monarchy, to declare those Laws to be good, it may be also said to be alike destru ctive, when the proper and only means to support it is made use of: For the Nation had no other way left of coj ming to a Settlement:
Iwo Jmportant Questions:
I. Whether the Crown of England be
Hereditary. II. Whether the Duke of York ought
to be excluded.
HE Questions that you have proposed to me are of such a nature, that they require a very ftri& confideration, because they are of the greatest moment in our
present condition ; and therefore you have done me a great honour, to command my Thoughes upon them, in regard you might have had your Queries resolved by persons much more able than I am : but since you desire my Opinion, I will give it you very faithfully,