Page:The Leveller movement; a study in the history and political theory of the English Great Civil War (IA levellermovement01peas).djvu/35

 The position is clearly worked out in a Declaration of May 19, 1642, which is worth quoting at length. It states that the judgment of the Parliament on a point of law

is in the eye of the Law, the Kings Judgement in his highest Court; though the King in his person be neither present nor assenting thereunto If his Majesty should refuse to joyn with us therein, [on the Militia Bill] the two Houses of Parliament being the supream Court and highest Councell of the Kingdome, were enabled by their own authority to provide for the repulsing of such imminent, and evident danger, not by any new Law of their own making, as hath been untruly suggested to his Majesty, but by the most ancient Law of this Kingdome, even that which is fundamentall and essentiall to the constitution and subsistance of it this Law is as old as the Kingdome. That the Kingdome must not be without a meanes to preserve it selfe, which that it may be done without confusion, this Nation hath intrusted certaine hands with a Power to provide in an orderly and regular way, for the good and safetie of the whole, which power, by the Constitution of this Kingdome, is in his Majestie, and in his Parliament together; yet since the Prince being but one person, is more subject to accidents of nature and chance, whereby the Common-Wealth may be deprived of the fruit of that trust which was in part reposed in him, in cases of such necessity, that the Kingdome may not be inforced presently to returne to its first principles, and every man left to doe what is aright in his owne eyes, without either guide or rule, The wisedome of this State hath intrusted the Houses of Parliament with a power to supply what shall bee wanting on the part of the Prince, as is evident by the constant custome and practice thereof, in cases of nonage, naturall disability, and captivity, and the like reason doth and must hold for the exercise of the same power in such cases, where the Royall trust cannot be, or is not discharged, and that the Kingdome runs an evident and imminent danger thereby; which danger,