MR. YELVERTON'S ARGUMENT.

=Source.=--_State Trials._ Vol. ii., p. 482.

For the first, it will be admitted for a rule and ground of state,

that in every commonwealth and government there be some rights of

sovereignty, _jura majestatis_, which regularly and of common right

do belong to the sovereign power of that state; unless custom, or the

provisional ordinance of that state, do otherwise dispose of them:

which sovereign power is _potestas suprema_ a power that can control

all other powers, and cannot be controlled but of itself. It will

not be denied, that the power of imposing hath so great a trust in

it, by reason of the mischiefs may grow to the common-wealth by the

abuses of it, that it hath ever been ranked among those rights of

sovereign power. Then is there no further question to be made, but

to examine where the sovereign power is in this kingdom; for there

is the right of imposition. The sovereign power is agreed to be in

the king: but in the king is a twofold power; the one is parliament,

as he is assisted with the consent of the whole state; the other out

of parliament, as he is sole, and singular, guided merely by his own

will. And if of these two powers in the king one is greater than

the other, and can direct and control the other; that is _suprema

potestas_, the sovereign power, and the other is _subordinata_. It

will then be easily proved, that the power of the king in parliament

is greater than his power out of parliament; and doth rule and

control it; for if the king make a grant by his letters patents out

of parliament, it bindeth him and his successors: he cannot revoke

it, nor any of his successors; but by his power in parliament he may

defeat and avoid it; and therefore that is the greater power.

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