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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87520	The vvorks of that grave and learned lavvyer Iudge Ienkins, prisoner in Newgate. Upon divers statutes, concerning the liberty, and freedome of the subject. With a perfect table thereto annexed.	Jenkins, David, 1582-1663.	1648 (1648)	Wing J574; Thomason E1154_2; ESTC R20801	80,714	206

Soveraigne Lord at all seasons when need shall be Here the supreame power in the time of Parliament by both Houses is declared to belong to the King At the beginning of every Parliament all Armes are 7. Ed. 2.4 pars instit 14. or ought to be forbidden to be borne in London Westminster or the Subburbs This condemnes the multitudes comming to Westminster and the Guards of armed men All who held by Knights service 1 Edw. 2. de Militibus and had twenty pounds per annum were distraynable ad Arma militaria suscipienda This agrees with the Records of ancient time continued constantly in all Kings times but at this Parliament 3. November 1640. The King out of his grace discharged this duty which proves that the power of warre and preparation thereto belongs not to the two Houses but only to the King The two Spencers in Edw. 2. Edw. 3. Ca●vins Case Cook●e 7. fol. 11. time hatched to cover their Treason this damnable and damned opinion viz That Ligeance was more by reason of the Kings politick capacity then of his person upon which they inferred these execrable and detestable consequences First if the King demeaned not himselfe by reason in the right of his Crowne his Lieges are bound by Oath to remove him Secondly seeing the King could not be removed by suit of Law it was to be done by force Thirdly that his Lieges be bound to governe in default of him All which tenets were condemned by two Parliaments the one called exilium Hugonis in Ed. 2. time the other by 1. Edw. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Artiles are extant in the booke called vetera Statuta The separation of the Kings person from his power is the principall Article condemned and yet all these three damnable detestable and execrable consequents are the grounds whereupon this present time relies and the principles whereupon the two houses found their cause The Villeine of a Lord in the presence of the King cannot be seized ●●●nden com 322. ●y ass pl. 49 for the presence of the King is a protection for that time to him This shewes what reverence the Law gives to the person of a King Regis 33 Ed. 3. ●yde de roy 203 Fitz 30 H. 7.16 sacro oleo uncti sunt capa●es spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote ha●et Ecclesiasticam spiritualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King is called in Law Patromoni●n sacrum Com. Sur. Littl Sect. 4. The Houses should not have meddled with that sacred Patromony 3 Ed. 3.19 The King hath no Peere in his Land and cannot be judged Ergo the two Houses are not above him The Parliament 15. Ed. 3. was repealed for that is was against the Kings Lawes and prerogative 4 part instit● fol. 25. This shewes cleerely the Propositions sent to Newcastle ought not to have beene presented to his Majesty For that they are contrary to the Lawes and his Prerogative The Lords and Commons cannot assent in Parliament to any thing that tends to the dis-inherifion of the King and his Crowne 4 Part Cooke in●●it fol. 14. 42. E. 3. to which they are sworne This condemnes the said Propositions likewise To depose the King Parliamen● Rol. num 7. Rex 〈◊〉 suetud● Par●amenti to imprison him untill he assent to certaine dedemands a warre to alter the Religion established by Law or any other Law or to remove Councellors to hold a Castle or Fort against the King are offences against that Law declared to be treason by the resolution herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme 25 Ed. 3. cap. 2. King in his Statute must be intended in his naturall body and person that only can dye for to compasse his death and declare it by overt Act is declared thereby treason to incounter in fight such as come to ayd the King in his warres is treason Compassing of the Q●●ens death of the Kings Eldest Sonne to coyne his money to counterfeit his Great-Seale to levy Warre against him to adhere to such as shall so doe are declared by that Act to be high treason This Statute cannot referre to the King in his politique capacity but to his naturall which is inseperable from the politick for a body politick can have neither Wife 〈◊〉 13. nor Childe nor levy Warre nor doe any Act but by the operation of the naturall body A Corporation or body politick hath no soule or life but is a fiction of the Law and the Statute meant not ●●ctitious persons but the body naturall conjoned with the politique which are inseperable The clause in that Act that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act 21 Ed. 4.14 ● 2.11 an was repealed by a subsequent Act in 21. R. ● holden unreasonable without example and against the Law and custome of the Parliament This condemnes the Proposition for disabling the King to Pardon 4 pars instit fol. 42. 4. Pars instit fol. 42. The Act of 11. R. 2. so much urged by the other side was an Act to which the King consented and so a perfect Act yet Note the Army then about the Towne Note that that Law is a-against private persons and by the 3. cap. thereof the treasons there declared are declared to be new treasons made by that Act and not to be drawne to example it was abrogated 21. R. 2. and revived by an usurper 1 H. 4. to please the people and by the tenth chap. thereof enacts that nothing shall be treason but what is declared by 25. Ed. 3. 16. Ed. cap. 5.16 R. 2. cap. 5. H. 4. The Regality of the Crowne of England is immediately subject to God and to none other Plaine words shewing where the supreame power is The Commission of Array is in force and no other Commission Rot. Parlm 5. H. 4. numb 24. an Act not printed this Act was repealed by 4. and 5. P. M cap. 2. this repealed by the Act of 1 Iacobi and so it is of force at this day for the repealing Statute is repealed 4. pars institu● fol. 51. 125 published fithence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the commentaries upon Magna Charta Sir Edward Cooke A booke alowed by Sir Na Brent called the reason of the War fol. 65. by their party is holden for the Oracle of the Law who wrote the said fourth part in a calme and quiet time and I may say when there was no need to defend the authority of the Commission of Array For that objection that that Commission leaves power to the

Roys ' avisera or n● veul● it was against Magna Charta Articuli Cleri and many other Acts of Parliament And might have farther given these reasons if it had so pleased him for the same First that this Bill destroyes the Writ whereby they are made two Houses of Parliament 14 Hen. 7. fol. 22. Evesque est signior de grand honne●r the King in the Writ being ●um praelaris colloquium habtre Secondly they have been in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have been Bishops here sithence we were Christians and the Fundamentall Law of the Kingdome approves of them If any of them were conceived offensive they were left to Justice and his Majesty would put in inoffensive men in their places but sithence his Majesty hath passed the Bill for taking away their Vores in Parliament it is a Law that bindes us so farre Upon the whole matter the Law hath notably determined that Billa agreed by both Houses pretended to be for the publick good are to be judged by the King for in all Kings Reignes Bils have been preferred by both Houses which alwaies are pretended to be for the publique good and many times are not and were rejected with Roy's auisera or Roy ne veult This Parliament began the 3 of Novemb. 1640. before that time in all the kings reign no armed power did force any of the people to doe any thing against the Law what was done was by his Judges Officers Refers and Ministers from that time untill the 10. os Ia. 1641. when the King went from London to avoyd the danger of frequent tumults being a year and 3 months Privie Counsellors and all his Justices Ministers were lest to the Justice of the Law there wanted not time to punish punishable men The Sphere of the House of Commons is to represent the grievances of the Countrey to grant aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating of Lawes The Orb of the House of Lords to reforme erroneous judgements given in the Kings Bench to redresse the delayes of Courts of Justice to receive all Petitions to advise his Majesty with their Councell to have their Votes in making or abrogating of Lawes and to propose for the common good what they conceive meet Lex non cogit ad impossibilia Subjects are not to expect from Kings impossible things so many Judges Councellours Sheriffes Justices of the Peace Commissioners Ministers of State that the King should over-looke them all cannot be it is impossible The King is vertually in his ordinary Courts of Justice so long as they continue his Courts their charge is to administer the Lawes in being and not to delay deferre o● sell Justice for any Commandment of the King We have Lawes enough Instrumenta boni saeculi sunt bon● viri good Ministers as Judges and Officers are many times wanting the houses propose new Lawes or abrogation of the old both induce novelty the Law for the reasons aforesaid makes the King the onely Judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings Party adheared to him the ●aw of the Lnnd is their Birth-●ight their Guide no offence is committed where that is not violated they found the Commission of A●●ray warrauted by the Law they found the King in this Parliament to have quitted the Sh●-money Knighthood-money seven Courts of Justice consented to a Triennall Parliament setled the Forrest hounds tooke away the Cearke of the Market of the houshold trusted the House with the Navy passed an Act not to d●●olve this Parliament without the Houses assent no people in the world so free if they could have been content with Lawes Oathes and rea●●● and nothing more could or can be devised to secure us neither hath been in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds an dt more of the Lords had disserted tha House for the same cause and the greater part of the House of Commons left that House also for the same reason new men chosen in their places against Law by the pretended Warrant of a connterfet Seale and in the Kings name against his consent leavying Warre against him and seizing his Ports Forts Magazines and Revenue and converting them to his destruction and the subversion of the Law and Land laying Taxes on the people never heard of before in this Land devised new Oathes to oppose Forces raised by the King nor to adhere to him but to them in this Warre which they call the 〈◊〉 the Oath and the V. W. and Covenant By severall wayes never used in this kingdome they have raised Monies to foment this Warre and especially to inrich some among them namely first Ex●is secondly Contributions thirdly Sequestrations fourthly Fift-parts fiftly Twentieth-parts sixtly 〈◊〉 money seventhly Sale of Plundered gpods eightly Loanes ninthly Benedolentes tenthly 〈◊〉 upon their fast-dayes eleventhly new Impo●tions upon Merchand●res twelfely G●ards maintained upon the charge of private men thirteenthly Fifty Sub●●dies at ●●e time fourteenthly Composs●●ons with such as they call Delinquents fifteentlaly Sale of Bishpp● Lands c. From the Kings Party meanes of subsistance are taken 〈◊〉 R 3. cap. 3 Bract. li. 3. c. 8. Stanford 192. Sir Ger. Fl●●twoods Case S. pars Cook 7. H. 〈◊〉 ●ast leafe before any Indictment their Lands seized their goods taken the Law allowes a Traytor or Fellon attained Necessaria sibi familiae suae invictu vestitu where i● the Covenant Where is the Petition of Right Where is the liberty of the Subject First we have ayded the King in this Warre contrary to the Negative Oath and other Votes Our Warrant is the twenty fifth of Edward the third the second Chapter and the said resolutions of all the Judges Secondly 〈◊〉 Ins●it a 25. a Instit 696 The Law so at the Edition of that booke Hutton and Crook we have maintained the Commission of Array by the Kings Command contrary to their Votes We are warranted by the Statute of the fifth of Henry the fourth and the judgement of Sir Edward Cooke the ●●cle of the Law as they call him Thirdly we maintained Arch● Bisho●● and Bishops whom they would suppresse Our warrant is Magna-Charta and many Statutes more Fourthly we have maintained the Booke of Common may●r they suppresse it Our warrant is five acts of Parliament in Edward the fixt and Queene Elizabeths time 5 Pelchae 35 Elizabeth inter placita Coronae in Ban●● Regis New booke of Entries fol. 252. Penry for publishing two scandalous Libels against the Church Government was indicted arraigned attainted and executed at Tyburne Fiftly we maintained the Militi●● of the Kingdome to belong to the King they the contrary Our warrant is the Statute of the seventh of Edward the first and many Statutes ●●thence

affirmes That the sending propositions to the King and desiring his concurrence is scarce worth an answer for Subjects may humbly petition for that which is their strict right property c. The propositions sent to Newcastle are in print wherein the two Houses are so farre from humbly petitioning that they stile not themselves his Majesties Subjects as appeares by the propositions That they have a strict right or property to any one of these propositions is a strange assertion every one of them being against the Lawes now in force Have the two Houses a strict right property to lay upon the people what Taxes they shall judge meet To pardon all Treasons c. that is one of their Propositions Have they a strict right and property to pardon themselves and so for all the rest of their Propositions These propositions have been Voted by both Houses the Kings assent they being drawn into Bills makes them Acts of Parliament Hath the King no ●ight to assent or dis-assent 12 H. 7 20. 1 Iac. c. 1.1 Car. c. 7. Wa● the sending but a Complement All our Law-books and Statutes speak otherwise This Gent. and others must give an account one time o● other for such delusions put upon the people AD. 4. The Gent. saith They affirme not that the Kings power is separated from his person so as the two Spencer affirmed c. His Majesties person i● now at Hol●by under their Guards have they not severed his power from him when by no power they have left him he can have two of his Chaplains who have not taken their Covenant to attend him for the exercise of his conscience For the three conclusions of the Spencers 15. Ed 2. Exilium Hugonis Calvins case 1 E. c. 2.7 pars ●●ports 11. do not the two Houses act every of them They say his Majesty hath broken his Trust touching the Government of his people They have raised armies to take him they haue taken him and imprisoned him they governe themselves they make Laws impose Taxes make Judges Sheriffes and take upon them omnia insignia summae potestatis Is not this to remove the King for misdemeanours to reforme per asperte to govern in aid of him the three conclusions of the Spencers Doe they think the good people of England are become stupid and will not at length see these things The Gentleman saith Plowd 4. Eliz. 213. the Kings Power and his person are indivisible They doe not separate his power from his Person but distinguish it c. His power is in his legall Writs Courts and Officers when they counterfeit the Great Seal and seale Writs with the same make Judges themselves Courts and Officers by their owne Ordinances against his consent declared under his true Great Seale of England not by word of mouth letters or ministers onely their Seale is obeyed their own Writs their own Judges their owne Courts their own Officers and not the Kings The time will come when such strange actions discourses will be lamented AD. 5. The Gentleman goes on We take not from the King all power of pardening Delinguents we only say it is not proper to him quarto modo c. What doe you meane by quarte modo I am sure Omnis Rex Angliae solus Rex semper Rex can doe it and none else read the bookes of the Law to this purpose collected by that reverend and learned Judge Stanford Stanford pleas 99. 27 H. 8. c. 24. Dier 163. from all Antiquity to his time who died in the last yeare of King Philip and Queene Maries Reigne you shall finde this a truth undeniable and this power was never questioned in any Age in any Book by any untill this time that every thing is put to the question You Gentlemen who pro●esse the Law and maintaine the party against the King returne at length and bring not so much scandall upon the Law which preserves all by publishing such incredible things We hold only what the law holds Bract. lib 3 cap 14. fol. 132. 1. pars Instit pag. 344. Plow 3. Eliz 236. 237. the Kings Prerogative and the subjects Liberty are determined and bounded and admeasured by a written Law what they are we doe not hold the King to have any more power neither doth his majesty claime any other but what ●he Law gives him the two Houses by the Law of this Land have no colour of power either to make Delinquents or pardon Delinquents the King contradicting and the Army under Sir Thomas Fairfax howbeit but Souldiers doe now understand that to be Law and doe now evidently see and assuredly know that it is not an Ordinance of the two Houses but an art of Parliament made by the King Lords and Commons that will secure them and let this Army remember their exccuted fellow-Souldier and the Law was alwaies so taken by all men untill these troubles that have bego● Monsters of opinions AD. 6. This Gentleman sayes The Parliament hath declared the King to be 〈◊〉 condition to governe c. There is no end of your distinctions I and you professe the Law shew me Law for your distinctions or l●tter syllable or line in any Age in the books of the Law that the King may in one time be in no condition to govern and yet have the habit of governing and another time he may viz when the two Houses will suffer him the Law saith thus Vbi lex non distinguit non est distinguendum He saies The King is not barred from returning to His Parliament as he calls the two Houses he knowes the contrary the whole City knows the contrary Nos juris consulti sumus sacerdotes as Justinian the Emperour hath it in the first book of his Institutions and therefore knowledge and truth should come from our lips Worthy and ingenious men will remember and reflect upon that passage of that good and wise man Seneca Non qua itur sed qua eundum follow not the wayes of the Lawyers of the House of Commons God forgive them I am sure the King will if they be wise and seek it in time AD. 7. The Gent sayes ●e swear that the King is our supreme Goverour ouer all persons in all causes 5 Eliz. ch 1. Cawdreys case 5 pars fol. 1. c. Why hath he left out the word onely for the Oath the Members now take is that King Charles is now the only and supreame Governour in all causes over all persons and yet they keep their only Supreme Governour now in prison and act now in Parliament by vertue of their prisoners Writ and by a concurrent power in this Parliament and by their own strict right and property as the Gentleman affirms in his Answer These things agree well with their Oath This Oath is allowed by the common-Law Law of the Land that the King is the onely Supreame Governour in all causes over all persons This Oath is taken now in