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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B03896	To the honorable societies of Gray's-Inne, and of the rest of the innes of court, and to all the professors of the law	Jenkins, David, 1582-1663.	1647 (1647)	Wing J610; ESTC R178974	25,096	37

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 or ought to be forbidden to be borne in London Westminster 7 Ed. 2. 4 pars instit 14. or the Suburbs This condemnes the multitudes coming to Westminster and the Guards of armed men All who held by Knights service 1 Ed 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 Ed. 2. time hatched to cover their Treason this damnable and damned opinion viz. Ed. 3. Calvins Case Cook l. 7. fol. 11 That Ligeance was more by reason of the Kings politique 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 suite of Lawe 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 Hugenis in Ed. 2. time the other by 1. Ed. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Articles 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 V●lleine of a Lord in the presence of the King cannot be seized Plowdon Com. 322. 27. ass pl. 49. for the presence of the King is a protection for that time to him This shewes what reverence the Lawe gives to the person of a King Reges 33 Ed. 3. ayde de Roy. 103. Fitz. sacro oleo uncti sunt capaces spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote 10 H. 7.16 habet Ecclesiasticam spititualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King are called in Law Com. Sur. Littl. Sect. 4. patrimonium sacrum The Houses should not have medled with that sacred Patrimony The King hath no Peere in his Land 3 Ed. 3.19 and cannot be judged ergo The two Houses are not above him The Parliament of 15. Ed. 3. was repealed for that it was against the Kings Lawes and Prerogative 4. pars instit fol. 52. 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 disinherison of the King and his Crowne 4 pars Cookes instit fol. 14.42 E 3. Parliament Roll num 7 Lex consuetudo Parliamenti to which they are sworne This condemnes the said Propositions likewise To depose the King to imprison him untill he assent to certaine demands A warre to alter the Religion established by Lawe or any other Lawe or to remove Councellors 25 Ed 3. cap. 2 to hold a Castle or Fort against the King are offences against that Lawe declared to be Treason by the resolutions herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme King in this Statute must be intended in his naturall body and person that only can die for to compasse his death and declare it by overt Act is declared there by Treason To incounter in fight such as come to ayde the King in his warres is Treason Compassing of the Queenes death of the Kings eldest sonne to coyne his money to counterfet his Great-Seale to levie warre against him to adhere to such as shall so do are declared by that Act to be high Treason This Statute cannot referre to the King in his politique capacitie but to his naturall which is inseparable from the politique for a body politique can have neither wise nor childe nor levy warre 21 Ed. 4 14. nor doe any act but by the operation of the naturall body A Corporation or body politique hath no soule or life but is a fiction of the Lawe and the Statute meant not fictitious persons but the body naturall conjoyned with the publique which are inseparable The clause in that Act R. 2. 11 anno cap. 13 4 pars instit fol. 42 that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act was repealed by a subs●quent Act in 21. R. 2 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. The Act of 11. R. 2. so much urged by the other side was an Act to the which the King consented and so a perfect Act yet Note the Army then about the Town Note that that Law is 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 bee Treason but what is declared by 25. Ed. 3 16 R 2 cap 5. The Regality of the Crowne of England is immediatly subject to God and to none other Plaine words H. 4 shewing where the supreme 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 5. P. M. cap. 2. this repealed by the Act of 1. Jacobi and so it is of force at this day for the repealing Statute is repealed 4. pars institn fol. 51. 125. published sit hence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the Commentaries upon Magna Charta Syr Edward Cooke by their party is holden for the Oracle of the Law A booke alowed by Syr Nat Brent called the reason of the war fol 95 who wrote the said fourth part in a calme and quiet time and I may say when there was no neede to defend the authority of the Commission of Array For that objection That that Commission leaves power to the Commissioners to taxe men secundum

might have farther given these reasons if it had so pleased him for the same first that this Bill destroyes the writt whereby they are made two houses of Parliament the King in the writt to the Lords being Cum praelatis Colloquium habere secondly they have bene in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have bene 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 Majestie would put in in-offensive men in their places but sithence his Majestie hath passed the Bill for taking away their votes in Parliament it is a law that binds us so farr Upon the whole matter the law hath notably determined that Bills agreed by both houses pretended to be for the publique good are to be j●dged by the King for in all Kings reignes Bills have been preferred by both houses which allwayes are pretended to be for the publique good and many times are not and were rejected with Roy s'avisera or Roy ne veult This Parliament begunne the third of November 1640 before that time in all the Kings reigne no armed power did force any of the people to do any thing against the law what was done was by his Judges officers Referees and Ministers from that time untill the tenth of January 1641 when the King went from London to avoyd the danger of frequent tumults being a yeare and three months Privy Councellors and all his Justices and ministers were left to the Justice of the law there wanted no time to punish punishable men The Sphaere of the house of commons is to represent the grievances of the Contrey 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 eronious judgments given in the kings Bench to redresse the delayes of Courts of Justice to receive all petitions to advise his Majestie with their councell to have their votes in making or abrogating of Lawes and to propose for the common good what they conceive meete Lex non cogit ad imposibilia subjects are not to expect from Kings impossible things so many Judges Councellors Sheriffes Justices of the peace Commissioners Ministers of State that the King should over looke them all cannot be it is imposible The King is virtually 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 or sell justice for any commandment of the King Wee have Lawes enough instrumenta boni saeculi sunt boni 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 only judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings party adhered to him the law of the Land is their byrth-right their guide no offence is committed where that it is not violated they found the commission of Array warranted by the law they found the King in this Parliament to have quitted the Ship money Knighthood-money seven Courts of Justice consented to a trienniall Parliament se●led the Forest bounds tooke a way the Clerke of the Market of the houshold trusted the house with the Navie passed an act not to dissolve this Parliament without the houses assent no people in the world so free if they could have beene content with Lawes oathes and reason and nothing more could or can be devised to secure us neither hath beene in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds and more of the Lords had disserted that 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 counterfet Seale in the Kings name against his consent levying 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 hard of before in this Land devised new oathes to oppose forces raysed by the King not to adhaere to him but to them in this warre which they call the Negative Oath and the Vow and Covenant By severall wayes never used in this kingdome they have raised monies to foment this warte and especially to inrich some among them namely first Excise secondly Contributions thirdly Sequestrations fourthly Fift Parts fiftly Twentieth Parts sixtly Meale-mony seventhly Sale of Plundered goods eightly Loanes ninthly Benevolences tenthly Collections upon their Fast-dayes eleventhly new Inpositions upon Marchandizes twelvethly Guards maintained upon the charge of private men thirteenthly Fifty Subsidies at one time fourtenthly Compositions with such as they call delinquents fiftenthly Sale of Bishops lands c From the Kings party meanes of susistance are taken before any indictment their Lands seised 1 R. 3. cap. 3. Bract li. 3. c. 8. Stanford 192. Sir Ger. Fleetwoods Case 8. pars Cook 7. H. 4. laste leafe their goods taken the law allows a Traytor or Fellon attainted Necessaria sibi familiae snae in victu vestitu where is the covenant where is the petition of right where is the liberty of the subject Frst 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 Wee have maintained the Commission of Array by the Kings Command contrary to their votes We are waranted by the statute of the fifth of Henry the fourth and the judgment of Sir Edward Cooke the Oracle of the Law as they call him Thirdly We maintained Arch-Bishops and Bishops whom they would suppresse Our warrant is Magna Charta and many statutes more Fourthly We have maintained the booke of common prayer they suppresse it Our warrant is five Acts of Parliament in Edward the sixt and Queene Elizabets time 5. Peschae 35. Elizabeth inter placita Coronae in Banco 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 Fifthly We maintained the Militia of the kingdom to belong to the King they the contrary Our warrant is the statute of the seventh of Edward the first and many statutes sithence the practise of all times and the custome of the Realm Sixthly We maintained the counterfeiting of the great Seale to be high Treason and so of the usurpation of the Kings Forts Ports Shipping Castles and his Revenue and the Coyning of money against them Wee