Whether the people would have a Legislature. When the General Assembly
is thus formd, they are impowerd by the Charter, to make, ordain and
establish all Manner of wholesome and reasonable Orders, Laws,
Statutes & Ordinances, Directions and Instructions, either with
penaltys or without. But the Charter no where obliges the Genl Court,
to make any Orders, Laws, Statutes or Ordinances, unless they, at that
time judge it conducive to the publick Good to make them: Much less
does it oblige them to make any Laws &c, in any particular Session,
year or number of years, whenever they themselves shall judge them not
to be for the publick Good. Such an Obligation would leave them the
least Color of Freedom, but reduce them to a mere machine; to the
State the Parliament would have been in, if the Opinion of the two
Chiefe Justices and the three puisne Judges had prevaild in the Reign
of Richard the second "that the King hath the Governance of
Parliament, and may appoint what shall be first handled, and so
gradually what next, in all matters to be treated of in parliament,
even to the End of the parliament; and if any person shall act
contrary to the Kings pleasure made known therein, they are to be
punishd as Traitors"--for which opinion those five Judges had Judgment
as in Case of high Treason.--Your Honor will allow us to ask, Whether
the Doctrine containd in your Question viz, "If you should refuse to
do Business now you are met, would you not deprive the Crown of the
Exercise of the prerogative, and fail of performing your part of the
Compact" which implys a strong affirmation, is not in a Degree, the
very Doctrine of Chiefe Justice Tresilian and the four other Judges
just now mentiond? By convening in Obedience to his Majesty's Writ,
tested by your Honor, and again, at the time to which we are prorogud,
we have submitted to the prerogative, and performd our part of the
Compact.