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Effence to a Parliament; for if there be any weight in this Reafon, a Writ is as neceffary as the Confent of the Nation, 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 concern

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It will be granted that the prefent 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 refts ic may, if it fee Caufe, direct that Parliaments shall be convened in any other manner, or by any other means than by Writ.

For it is not the Writ that makes a man a true Reprefentative, but the Election of thofe who have right to choose for that place;For otherwife the Sheriff, or other Officer, might have return'd whom he faw good,and Elections would be needlefs. But the Law has more exprefly fhewed, that it is the Election that makes the Perfon a Right Member, and fo confequently, the Election of the People, is that which gives the Effence to a Parliament, because the Law has under greivious pains commanded, That Election fhall be free. And fince the

Con

Conftitution 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 paffed as good, fince it was impoffible to be Summoned in due form; and these Gentlemen might as well have infifted, That a Nation may want a Power to help it felf, as to object against the Validity of the laft Parliament, because called without Writ.

By the Weight that they lay upon a Writ, they do feem to make a Writ more neceffary to a Parliament than our Allegiance is to the Government, and if that be fo, that which is only a Circumftance in the Government, is more to be regarded than what is neceffary to the Peace of it; But to grant that Abfurdity, What is it that has given the Sanction to these new Oaths that our fitting and Voting in Parliament has not put us under all the Difabilities of 30 Caroli, for we are certainly within that Statute, if the laft Parlia ment had not power to alter thofe Oaths; and if it had, what elfe they did is as valid; for all, or none of thofe Acts are good.

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If it be deftructive of the Monarchy, to declare those Laws to be good, may be alfo faid to be alike destru Єtive, when the proper and only means to fupport it is made ufe of For the Nation had no other way left of co ming to a Settlement:

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RESOLUTION

TO F

Two Important Questions:

I. Whether the Crown of England be Hereditary.

II. Whether the Duke of York ought to be excinded.

S 1 R,

T

HE Queftions that you have propofed to me are of such a nature, that they require a very ftri& confideration, because they are of the greatest moment in our prefent condition; and therefore you have done me a great honour, to command my Thoughts upon them, in regard you might have had your Queries refolved by perfons much more able than I am: but fince you defire my Opinion, I will give it you very faithfully.

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